Legal Question in Personal Injury in California

My wife was in a auto accident and the other party was at total fault. The other party's insurance company will only talk to my wife. It was a minor accident (soft tissue injury) but we had a high amount of out-of-pocket expenses.

We did our research and sent a complete and detailed demand letter supported by all documentation, pictures, and supporting documentation. The adjuster only wants to talk to my wife and won't deal with me.

Does the insurance company have any legal basis to refuse to talk to me and only to my wife or does my wife have a right to defer representation to me. If we had a lawyer, it would be the lawyer talking to the insurance company. What's the difference?


Asked on 5/31/11, 2:12 pm

6 Answers from Attorneys

Robert Worth Robert J. Worth , Professional Law Corporation

If the car is in both names they have an obligation to deal with either of you. Buat regarding her personal injury (if any) they could claim that if you are not an attorney they must deal with her. These claims reps really tend to frequently have an attitude. I say this even though I used to train them and the claim managers. I think that they believe they are smarter than the average claimant and seem to talk down to people. BUT the rep is not likely to be an attorney just a "wanna be" and may project this to you and your wife. Under the circumstances you and your wife should probably seek legal representation. If she is injured she should be seen by a doctor quickly or they will assme she is not injured too. I hope this helps.

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Answered on 5/31/11, 2:25 pm

The difference is you are not a lawyer, and on top of that, technically the other party's insurance company does not have to deal with you at all. They have no legal obligations to you of any kind. They could tell their insured to deal with you and then pay whatever you settle on, or refuse to pay that much. Because that unnecessarily complicates things, they generally deal directly with the other party, but they don't have to. The main issue, however, is that negotiating a personal injury settlement is practicing law. Unless you are an attorney, they are correct in not dealing directly with you on her behalf.

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Answered on 5/31/11, 2:27 pm
David Lupoff Law Offices of David B. Lupoff

A non-lawyer cannot negotiate settlements on behalf of an injured party. It's probably best to retain an attorney. The insurance company adjuster has far more experience than your wife.

If your wife would like a free consultation, please have her give me a call at 1.800.505.INJURY.

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Answered on 5/31/11, 3:03 pm
Steven Kuhn Steven Kuhn

Have your wife tell the adjuster you are helping her and you have her permission to talk to them about the injuries and damages. If that does not work, have your wife give you Power of Attorney to talk for you.

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Answered on 5/31/11, 3:27 pm
George Shers Law Offices of Georges H. Shers

All of the above answers are basically correct. I disagree a little with Mr. McCormick in that if you are not charging for your services in representing your wife via a power of attorney then you not going to get into any trouble as to practicing law without a license. It just may be unwise to try to handle her case yourself.

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Answered on 5/31/11, 10:21 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Only a fool has themselves for a client. You have no clue what you are entilted to and how to get it. Why not retain a competent PI attorney to get it for you?

My firm handles car accident cases all over the State of California. You may call me for a free consultation at 800-816-1529 x. 1.

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Answered on 5/31/11, 11:24 pm


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