Selling house before insurance claim settled

[quincy]

What if there is no police report or witnesses? And even if there are witnesses, how do they convey things like pain and suffering?

The adjuster knows what happened according to the insured. It obviously helps the adjuster to get a statement from the injured party so the adjuster has a fuller picture of the incident. But in most states there is no legal requirement for an injured party to provide an initial statement (although an insurance company may require "cooperation" from their insured).

If there are no witnesses, and if there is no police report (although with an injury accident there should be), and if the injured party declines to provide a statement, the adjuster uses the insured's story and medical records - and depositions. Although an injured party does not have to provide an initial statement, the injured party must provide answers to questions asked in a deposition.

The risk though would be getting a high enough settlement to pay for the attorney and other costs. At least a third more.

An injured party can be intimidated by the insurance process and settle for far less than his claim is worth. An attorney is not easily intimidated.

So if a victim had an attorney, than the attorney would do all the dealings with the adjuster and the victim would not, correct?

An attorney will work with the insurers on behalf of his client. He will speak for the client when he can and he will protect his client's interests and guide his client when the client must speak for himself.

The risk for an injured party can come from saying too much. An initial statement can be compared to what is said in a deposition and an adjuster will note discrepancies. A personal story about activities can negate the seriousness of an injury. Seemingly innocent comments can be used to reduce the amount of a claim.

If an injury is serious, I recommend the injured party consult with an attorney prior to speaking to an adjuster.