Auto Insurance Claims: How to Get Photos Taken By Appraiser, auto accident, profiting from accident


Question
Hi.  I was involved in an accident in which I was hit by another driver.  His insurance company sent an appraiser two days after the accident to take photos of my car.  He did, but when he was done, he took it upon himself to try and "fix" the bumper damage, and therefore my car no longer looks like it did after it was hit.  I need to sue this driver privately to get my damages paid for so of course, I need these photos.  My questions are as follows:

1 - If I ask the appraiser for the photos, will he just turn them over to me?
2 - If not, do I threaten him with charges of tampering with evidence during an ongoing investigation?
3 - If he says no, is the other insurance company required to turn them over to me?
4 - If I go to court and can't produce the photos, is it enough to say that the other drivers insurance company wouldn't turn them over?

Answer
You state that your car no longer looks like it did "after it was hit".  Does it look like it did before it was hit?  If so, then what are your damages?I've handled countless claims where the only damage is a scratch that is easily buffed out or a part has popped out of place and can be simply snapped back into position.  The only way an adjuster can write an accurate estimate is by determining on his/her own if such simple repairs are possible.  If my attempt to polish the scratch or snap the piece back in is successful, then it is what it is.  There is nothing to write on the estimate at that point; case closed.  Now if the owner of the vehicle wants to have a qualified repairer re-inspect the vehicle they are always welcome to do so and if related damage can be shown, then we are always willing to meet with the shop to review the damages.  Most adjusters are both very familiar with body damage, repair practices and trained to scrutinize the claims of auto repairers (the #1 industry in consumer complaints and fraud in some states). 
If you wanted your own pictures of the damage, you were free to take them before the inspection or have your own insurance company handle the claim.There is no "tampering with evidence".  This is not a criminal investigation.The pictures are the property of the insurance company and if you wish to see them, be prepared to hire an attorney and list the insurer as party to the suit.  Also, if you sue the party "privately" as you state, the insurer is going to defend their insured by contractual obligation.
It honestly sounds to me like you are trying to profit from the situation and are going to end up with an angry small claims court judge hitting you with the cost of the other party's defense.