That’s the by-line of one of those “public adjusters” who recently began “pursing” one of my clients “aggressively.” When she first called me, she wanted to know “why” so called public adjusters “weren’t” a good deal. Other than money, they’re fine.
Public adjusters are not attorneys. As a result, they don’t do things that an attorney does, from the outset, that can change the value of your claim substantially. For example, your insurance company requires that you fill out a proof of loss form. That document is typically signed either under penalty of perjury or notarized. Material misstatements, or omissions, even accidental ones, can result in a denial of your entire claim, or worse, allegations of insurance fraud (which the insurance company is legally entitled to not inform you that that they are investigating or have reported to the California Department of Insurance). Public adjusters are prohibited by law from giving you any advice as to the legal ramifications of the document you’re signing. They just pass it on, like so many bits of paper to the insurance company. After all, its just another form. Typically, public adjusters take 15% of the total amount of your claim, they’ll “negotiate” down to 10% if your claim is big enough. Sounds pretty good compared to paying a lawyer doesn’t it? Think again.
Why are you paying a percentage of money which you’re apt to get anyway? Your insurance company, whom public adjusters help you “deal with” owes you a duty of good faith and fair dealing. All that a public adjuster does is place a value on your claim and negotiate with the insurance company. You can place a value on your own claim, or hire someone to do that for you. A good attorney is preparing every aspect of your claim, from the beginning, as if the matter will result in litigation. There’s an old adage; prepare for the worst, but hope for the best.
If you hire a lawyer, and the claim gets bogged down, that attorney will be knowledgeable about your loss from the first moment. You’ve prepared for the worst. With a public adjuster, if it all goes smoothly, why did you need them? If it goes sideways, you’ll end up paying twice. If your claim results in litigation, you’ll pay the “adjuster the first time to do it,” then you’ll pay your attorney to review everything that’s been done.
- by Rolando Pasquali
Pasquali Law
(415) 841-1000, (650)579-0100
e-mail: info3@lawsuite.net
1220 Howard Avenue - Burlingame, California
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