For over twenty five years the lawyers at Viau & Kwasniewski have observed first hand that there are many opportunities for insurance companies to cut corners, delay the claim process, under-value or outright deny a valid claim just to increase the insurance company's profits. If a homeowner or small business has suffered a significant loss and has to file an insurance claim, there is the concern that they will not be treated fairly by their insurance company. For that reason, insureds reach out to insurance lawyers like Viau & Kwasniewski, or public adjusters to assist them with their claim.
Lawyers often charge by the hour if they assist an insured with a claim prior to litigation. Sometimes lawyers agree to a percentage of any payouts on the claim. Some people turn to public adjusters to represent their interests and to assist them in their claim because they believe it will be less costly than hiring a lawyer. Sometimes that is true, and sometimes it is not true. It often depends on the competence and professionalism of the public adjuster or the lawyer, the complexity of the insurance issues, and the good faith or lack of good faith of the insurance company.
In California, public adjusters are licensed by the state to represent policyholders/insureds during an insurance claim. We at Viau & Kwasniewski have seen and experienced the fact that, as with all professionals, some public adjusters are very competent, ethical, and professional. These public adjusters can help an insured get a better result on their claim than they would without any help. On the other hand, the lawyers at Viau & Kwasniewski have also seen that some public adjusters are not sufficiently competent, ethical or professional and end up doing more harm to an insured then good.
Some public adjusters take an overly adversarial approach that actually works a disservice to the insured. Some public adjusters are not persistent enough, and under-value a claim, or do not get the most competent experts involved. Some do not sufficiently advocate on the insured's behalf for a fair settlement, just to make a quick fee. Some public adjusters take positions on coverage or the value of a loss that is not supported by the law, the regulations, or the evidence.
The insurance lawyers at Viau & Kwasniewski have observed over the years that whatever position a lawyer or a public adjuster takes on any issue in a claim, it must be consistent with the law and pertinent regulations, and there must be credible back-up - evidence - to support the position. When any professional, whether it is a lawyer or public adjuster that is supposed to be assisting you with your claim, takes unreasonable positions contrary to the law that do not make sense and cannot be supported with credible evidence, the professional loses credibility. The result often is an unresolved insurance claim. In those situations the insured's interests are harmed.
It is our position at the law firm of Viau & Kwasniewski that you should consider the services of a public adjuster or a lawyer if you have a substantial insurance claim. We also strongly believe that before you hire a public adjuster or a lawyer to help you with your claim check them out thoroughly and get references. Make sure they have a reputation for being competent and delivering for their clients. Meet with them and understand what services they are offering you. Find out what fees you will incur for their services.
Also, a public adjuster cannot obtain emotional distress damages for an insured during the claim process. Emotional distress damages can be recovered for you by an insurance lawyer in litigation if the insurance company acts unreasonably toward you, its insured.
At Viau & Kwasniewski we are very concerned that our clients are satisfied with our service. We have an impeccable record of satisfied clients. We have a very good reputation with public adjusters, except for one who has complained in a long rambling blog that he was not paid for work he did for our clients. The fact is, that he was paid for work he did by all of our clients. In one matter that stands out, this public adjuster was unable to resolve the claim, and only wrote a number of e-mails to lawyers representing the insurance company. At that time the claim was already in litigation, initiated by the client representing herself. It is questionable whether it was proper for this public adjuster to get actively involved representing the insured after the case was in litigation. The issues were purely legal. A public adjuster is prohibited by law from giving legal advice.
After Viau & Kwasniewski got involved in the litigation, the claim was ordered by the court into an expensive appraisal process. When the appraisal result came back positively for the insured, and the insurance company paid an amount based on the appraisal award, this public adjuster demanded that our client pay him 15% of this payment. He made this demand despite the fact that this firm managed the appraisal process, obtained the best experts, and was actively involved every step of the way in the appraisal process to the extent permissible. The positive result of the appraisal was accomplished without the efforts of this public adjuster during the appraisal process. Therefore, our client refused to pay him.
There are some lawyers who, when approached by an insured previously represented by a public adjuster without a fair resolution on their claim, advise their clients to fire their public adjuster before filing a lawsuit. We at Viau & Kwasniewski do not necessarily agree with this approach, unless the public adjuster has acted improperly or taken an adversarial stance against the insured. Sometimes a public adjuster cannot get a claim fairly resolved despite their best efforts, only because the insurance company refuses to be reasonable.
The bottom line is that if you have a substantial claim and are concerned that you need help negotiating with your insurance company, by all means consider the services of a competent public adjuster and also the services of a competent experienced insurance lawyer. If the claim is substantial, or there are complicated issues of policy interpretation and/or other issues of law, you should seriously consider the services of a seasoned insurance lawyer. Although competent public adjusters can help in many situations, they are not allowed to give you legal advice regardless of how good they are.
At Viau & Kwasniewski we give free advice on the telephone every day. If you have a question about any insurance matter feel free to call us at 1-800-663-1095. You can also visit us at our website at www.vklawyers.com.
