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Is it common to submit a claim to an insurer directly for 3rd party loss w/ no involvement of the insured or them ever knowing?
Anonymous11 views5 answers
I may need to pursue my neighbor's insurer for injury sustained on his property but don't want to pursue him directly. If I retain counsel can one submit a claim directly to his insurer or make a demand to them only? Will he ever be involved or find out, such as on a CLUE report or when they review the claim or demand? It is preferable to retain an attorney to review the case but can this be done by one's self, at least initially?
It depends on your state, but, you will likely need to name your neighbor in any lawsuit. But, you can contact his or her insurer directly without his involvement and try to settle. Your neighbor will know, though. You may wish to soften the blow and be honest with the neighbor. You will also likely need an attorney depending on the severity of the injuries.
Adam A StudnickiPersonal Injury LawyerScottsdale, AZ ·
Typically, if a lawsuit has to be filed, the party has to be named. Claims can be resolved without filing a lawsuit. Check with a local lawyer regarding NY.
Good questions all. Here's how it works: First, get an attorney. There's a reason we have to get 7 years of higher education, spend tens (maybe hundreds) of thousands of dollars to do it, then pass the bar exam and get licenced. Many people make assumptions about what the law is, or should be, and have no idea as to what really goes on (there is stuff they don't show on CourtTV). So, you do need a lawyer, even from the start, to be able to ask the right questions, get into whatever investigation might be required, and pose the correct issues to the insurer. Next: yes, we do deal directly with the insurer. They're the ones who will be writing the check, so that's who we deal with. What they tell their insured is their business. Most of the time in "premises liability" cases (that's what you're talking about) we have to send a letter of representation to the property owner so that they can turn the matter over to the insurance company and that's how we find out what insurance company it is.
