Claim Adjuster as Trial Witness

A claim adjuster assigned to my client’s dog attack case personally involved himself in settlement negotiations. After I indicated my plan to call him as a trial witness, the case settlement offer increased 50%. Scenarios that might cause an adjuster to become a trial witness follow.

Insurance adjusters are a fixture in personal injury claims, evaluating damages and determining settlement offers. Claim adjusters typically operate behind the scenes. But in certain circumstances a lawsuit party may call a claim adjuster to serve as a witness in an injury trial. This scenario often arises when there are allegations of bad faith on the part of the insurance company. Another scenario–when the adjuster’s actions are central to the disputed facts of the case. For a plaintiff’s attorney, calling an adjuster to testify can be a powerful tool for holding an insurance company accountable.

Bad Faith Claims

The most common reason for an adjuster to appear in court is in a bad faith claim. Bad faith refers to an insurer’s unreasonable denial or delay of a claim, or their refusal to pay a legitimate claim without cause. In these cases, the adjuster is the “face” of the insurance company and their actions or inactions can make or break the case. A plaintiff’s lawyer will likely question the adjuster on the claims handling process, communication with the claimant, and the justification for the settlement offers or denial. Their testimony can reveal internal procedures, training materials, and corporate policies that may indicate a pattern of unfair practices.

Proving Bias or Prejudice

Even when a case does not involve a bad faith claim, a personal injury attorney may call an adjuster to testify to expose potential bias. Under rules of evidence, information about liability insurance is typically inadmissible. However, an exception is made when the evidence is used to show a witness’s bias or prejudice. If an adjuster’s testimony seems misleading or inconsistent with the claims file, a plaintiff’s attorney may introduce evidence of the adjuster’s affiliation with the insurance company to challenge their credibility and show they have a financial interest in minimizing the compensation paid.

Establishing Facts and the Claim Process

An adjuster’s testimony can also be used to establish specific facts related to the claims process. This can include information such as:

• The chronology of events in the handling of the claim.
• The information the insurer had when making its decisions.
• The specifics of their investigation, including witness statements, photos, and police reports they collected.
• The evaluation of damages and injuries, and the basis for their settlement offers.

The adjuster as a face of the company

Adjuster as a Face of the Insurance Company

In a trial, the jury’s perception of the adjuster can be crucial. A thoroughly prepared and credible adjuster can effectively present the company’s side of the story. However, if the adjuster appears dishonest, unprepared, or evasive, it can significantly impact the jury’s verdict. A skilled personal injury attorney can use an adjuster’s deposition or live testimony to highlight inconsistencies and build a compelling case for the plaintiff.

While it is rare, a claims adjuster can be an expert witness, particularly a public adjuster who can speak to industry standards and practices. However, this is less common and relies on the adjuster’s specific credentials and expertise.

For personal injury victims, understanding when and why a claims adjuster might become a trial witness highlights the importance of working with an experienced attorney. A knowledgeable lawyer can navigate these complexities and ensure all relevant evidence is used effectively to fight for the compensation you deserve. For more information or a case evaluation, contact our office.