Auto Insurance Claims: percentage of liability, claims adjusters, hi lee

Question
Thank you so much for taking the time to answer my question.  I've followed your advice.  I have one more question; do I have a right to get copies of the independent investigation regarding the accident as well as any correspondence between USAA and other other party?  I was told "no" by USAA; however, I wanted your opinion.  Again, thank you so much for your help.  It was very much appreciated.
Sincerely,
Lee
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Followup To

Question -
Dear Mr. Hixenbaugh:
I have a question with how our claim is being handled by our insurance company.  Here is the situation.  My wife drove through a green light at night and struck a man crossing on the far side of the street via the sidewalk while riding a bicycle.  He had been drinking and claimed he thought the light was green.  No less than 4 witnesses came forward and said my wife had the green light and that the bicyclist rode right in front of her.  She was not speeding.  The rider suffered major injuries requiring expensive surgeries.  Our insurance company is telling us that even though we have all the witnesses in our corner, my wife may still be considered partially at fault (like 5%) by our insurance company. Does it sound to you like our insurance company (USAA) is not in our corner as much as they should be?  It's as though they would rather allow the other party a settlement that would affect our coverage rather than fight this.  I'm sure it doesn't help that the other party's dad is his lawyer as well.  What are your thoughts on this?  Should we hire our own lawyer?
Thanks for you time in this matter.
Sincerely,
Lee Jackson

Answer -
Hi Lee,

USAA is a fine company, however, they are a business whos primary concern is profit. If they can offer you as being 5% at fault, agreeing to pay 5% of all bills, they may avoid a lawsuit that could cost them thousands more.

You should call your claims adjusters manager and complain vigorously that you do not want them to accept any liability on your part. If that does not work you may want to consult with an attorney.

I hope this helps.
Richard Hixenbaugh

Answer
Hi Again Lee,

Unfortunately they are correct. The information an insurance company assembles in the course of a claim is considered "work product".  This simply means they own it and will not divulge it unless ordered to do so by a Judge.

I hope this helps
Richard Hixenbaugh