Adjuster vs. Attorney: Who Does What After an Accident
An insurance adjuster works for the insurer. An attorney works for you. See how the roles differ, where public adjusters fit, and when to get legal help.
An insurance adjuster evaluates and settles a claim, and in most injury cases the adjuster works for the insurance company paying it. An attorney is a licensed legal professional who represents you and gives legal advice. The roles are not interchangeable. This guide explains what each does after a car, pedestrian, motorcycle or rideshare accident, where public adjusters fit, and when the difference starts to matter.
TL;DR
- Company and independent adjusters represent the insurer. Public adjusters represent the policyholder, but only on certain property claims.
- An adjuster can value and negotiate a claim. An attorney can also advise you on your legal rights, deadlines and disputes over fault.
- Public adjusters are defined in the NAIC model act as working on first-party property claims, and that definition excludes personal and commercial auto claims.
- Consider an attorney when fault is disputed, injuries are moderate or serious, or the damages are hard to calculate.
- CaseClosedFL offers a free eligibility check that screens an accident before asking for personal contact details.
Table of Contents
- Who an adjuster works for
- The three kinds of adjusters
- What an attorney does that an adjuster does not
- Adjuster vs. attorney, side by side
- Public adjuster vs. attorney
- When an attorney is worth considering
- Speaking with the adjuster before you have advice
- Deadlines insurers must follow
- Settlement, mediation and trial
- Our perspective
- Check your eligibility
- FAQ
- Sources
Who an adjuster works for
After a crash, one of the first people to contact you is usually an insurance adjuster. The title sounds neutral. The job is not.
The Texas Department of Insurance states that the adjuster works for the insurance company paying the claim. The adjuster reviews what happened and estimates the payment. The adjuster may inspect damage, read police reports, talk to witnesses or ask for more information.
Nolo describes the typical sequence on a third-party injury claim. The adjuster assigns a claim number, gathers basic facts, asks for authorization to obtain medical records, investigates the accident, reviews medical and income documents, assigns a dollar value to the damages and negotiates the settlement. Nolo also notes that the adjuster’s main role is to resolve claims on behalf of the insurance company.
That does not make every adjuster hostile or dishonest. It means the adjuster has an employer, and the employer is not you. Your interests and the insurer’s overlap on getting the claim processed. They can diverge on how much the claim is worth and who was at fault.
For more on handling these conversations, see the CaseClosedFL guide on talking to insurance adjusters.
The three kinds of adjusters
The word “adjuster” covers three different roles. The NAIC State Licensing Handbook states that there are public, independent and company (staff) adjusters, and that more than 30 states require licensure of one or more of these types.
| Type | Who they represent | Who pays them | Typical role |
|---|---|---|---|
| Company (staff) adjuster | The insurer | The insurer | Employee who handles claims for one insurance company |
| Independent adjuster | The insurer | The insurer, through a contract | Outside adjuster hired by an insurer, often during high claim volume |
| Public adjuster | The policyholder | The policyholder | Prepares and negotiates a property claim for the insured |
The NAIC handbook confirms that public adjusters represent the insured, while independent and staff adjusters represent the insurer. New York’s Department of Financial Services says the same in an opinion: an insured may retain a public adjuster, but has no say in who represents the insurer.
When a reader searches “adjuster vs. attorney,” the adjuster who calls after a crash is almost always a company or independent adjuster. A public adjuster is something a policyholder chooses to hire, and that choice mostly arises in property claims.
What an attorney does that an adjuster does not
An attorney is licensed to practice law in the state and owes duties to the client. The attorney’s work on an injury claim can include:
- Advising you on your legal rights and options.
- Gathering evidence on fault, including police reports, witness statements and medical records.
- Documenting the full extent of your damages, including future treatment and lost income.
- Communicating with the insurer so you do not have to.
- Negotiating a settlement and, if talks fail, filing a lawsuit.
The NAIC handbook notes that most states exempt attorneys admitted in the state from adjuster licensing when acting in their professional capacity as attorneys. In other words, the law treats negotiating a claim as something an attorney can do as part of legal representation.
Representation also changes how insurers deal with you. The NAIC model claims regulation states that an insurer should not keep negotiating directly with a claimant who has no lawyer if a statute of limitations may affect the claimant’s rights, unless the insurer has given written notice of the time limit, at least 30 days beforehand for first-party claimants and 60 days for third-party claimants. Time limits are a legal matter, and an attorney can tell you which one applies to your case in your state.
Attorney fees on injury cases are usually contingent, which means the fee is a percentage of the recovery. CaseClosedFL explains the common structures in its guide to personal injury lawyer fees.
Adjuster vs. attorney, side by side
| Question | Insurance adjuster | Attorney |
|---|---|---|
| Whom do they work for? | The insurance company (public adjusters work for the policyholder) | You, the client |
| Gives legal advice? | No | Yes |
| Main goal | Investigate, value and resolve the claim | Protect your legal rights and pursue fair compensation |
| Handles a fault dispute? | Decides fault for the insurer’s purposes | Can argue your side and take the matter to court |
| Can file a lawsuit? | No | Yes |
| Who pays? | The insurer pays company and independent adjusters | Usually a contingency fee from the recovery |
The adjuster’s fault finding is not a final ruling. The North Carolina Department of Insurance explains that the adjuster will try to determine who is at fault, and that any disagreement over negligence may ultimately have to be resolved in a court of law. The same page notes that North Carolina’s contributory negligence rule can bar recovery for a driver found even partly at fault. Fault rules differ by state, which is one reason a state-specific answer matters.
Public adjuster vs. attorney
The public adjuster question comes up mainly with property damage: a house after a storm, a fire or a burst pipe. The distinction is worth understanding even if your claim is an injury claim.
The NAIC consumer notice says a public adjuster works for you, the policyholder, and is paid by you, not the insurance company. Its listed duties include:
- Reviewing the policy to determine coverage.
- Informing the policyholder of deadlines and technical requirements.
- Researching and substantiating the damage.
- Preparing and documenting the claim.
- Explaining the insurer’s positions to the policyholder.
Public adjusters and auto accidents
The NAIC Public Adjuster Licensing Model Act defines the work as negotiating or settling first-party claims on insured real or personal property, and excludes personal and commercial auto claims. States adopt their own versions, so check your state’s rules. As a general matter, a public adjuster is a property claim tool. A claim for bodily injury after a crash is a different kind of claim, and it involves medical records, pain and suffering, lost income and fault.
Fees and contracts
Under the NAIC model act, a public adjuster may not charge more than 10% on a catastrophic claim or 15% on any other claim, and may not take a fee or deposit before the claim settles. The model also requires a written contract with the adjuster’s license number, a description of the loss and the services, and signatures from both parties. Individual states set their own caps. One reference table lists 47 jurisdictions that license public adjusters, with Florida’s cap at 20% of claim payments. Confirm the current figure with your state insurance department before signing anything.
Can you use both?
On a property loss with legal complications, some policyholders use both: the public adjuster documents the loss, and an attorney advises on coverage disputes and legal deadlines. For an injury claim from a vehicle accident, the attorney is the professional whose role fits the claim.
When an attorney is worth considering
Not every accident needs a lawyer. A minor fender bender with no injuries and an undisputed fault finding can often be settled with the insurer. Nolo lists situations where a personal injury lawyer makes sense: complicated or contested facts, liability or causation that needs expert testimony, claims against the government, tricky legal issues, moderate to catastrophic injuries, or damages that are hard to calculate.
In practical terms, consider speaking with an attorney if any of these apply:
- Fault is disputed. The other driver blames you, or the police report is unclear.
- You were hurt. Injuries that need ongoing treatment, surgery or time off work are hard to value early.
- The offer arrives fast and low. A quick number may come before the full course of treatment is known. The CaseClosedFL article on average car accident settlements shows how much amounts vary by injury and state.
- The claim is delayed or denied. See the guides on claim delay tactics and a denied insurance claim.
- A rideshare, commercial or government vehicle is involved. These claims often involve more than one insurer or special notice rules.
- You are unsure whether the claim is first-party or third-party. The first-party vs. third-party guide explains the difference.
Nolo’s author David Goguen, J.D., explains that damages are mostly driven by how serious the injuries are, measured by medical bills, effect on life and livelihood, pain and suffering and recovery time. As costs increase, the range of possible compensation widens, and experienced representation becomes more important for serious or long-term injuries.
CaseClosedFL also covers this decision in when to hire a lawyer after an accident.
Speaking with the adjuster before you have advice
The adjuster will likely call within days. What you say can affect the claim, so know your position.
Other driver’s insurer. Nolo states that when you deal with the other driver’s insurance company, you have no legal duty to cooperate with its investigation and are not required to give a recorded statement outside a lawsuit. Nolo advises sticking to basic accident facts and avoiding discussion of fault or the extent of your injuries.
Your own insurer. The rules differ. The Texas Office of Public Insurance Counsel states that on a first-party auto claim you are required to cooperate with your own insurance company. If you and your insurer disagree on the amount or on what the policy covers, you can contact an attorney to advise you of your legal rights, and the State Bar of Texas can help you find one.
Recorded statements. The Idaho Department of Insurance explains that an adjuster may ask to record conversations, though recording is not required. The same page says you may need an attorney’s legal advice in some circumstances, such as when you disagree about who is at fault.
A short checklist for the first call:
- Confirm the adjuster’s name, company and claim number.
- Give your name, the date and location of the accident, and basic facts.
- Do not guess about fault or speculate about your injuries.
- Do not sign medical authorizations or releases you have not read.
- Write down what was discussed, with the date and time.
Deadlines insurers must follow
Insurers work under claim-handling rules, and knowing them helps you spot delay.
The NAIC model regulation requires insurers to acknowledge a claim within 15 days, notify the claimant of acceptance or denial within 21 days after proofs of loss, and pay within 30 days of affirming liability when the amount is undisputed. States adopt their own versions. California’s guide states that insurers must acknowledge a claim and begin investigating within 15 days, accept or deny within 40 days of proof of claim, and pay within 30 days of settlement. If the company is unresponsive or you believe there is an unreasonable delay, California directs you to contact its Department of Insurance.
If you disagree with a settlement, the NAIC advises you to ask the adjuster for a written explanation, then contact your state insurance department’s consumer services if the dispute continues. For a disagreement over value, check your policy for an appraisal clause. For vehicle valuation disputes in particular, see the guide on a total loss dispute.
These deadlines govern the insurer. Your own deadlines, such as the lawsuit filing time limit, are separate and differ by state. An attorney licensed in your state can confirm them.
Settlement, mediation and trial
Most claims resolve without a courtroom. If negotiation stalls, there are structured options. CaseClosedFL explains settlement vs. trial and car accident mediation, including how costs work. An adjuster can negotiate toward a settlement. Choosing between settling, mediating and filing suit is a legal decision, and an attorney advises on it.
Our perspective
We built CaseClosedFL around one observation: most people injured in an accident meet the adjuster before they have met anyone who can advise them. The adjuster is organized, experienced and works for the insurer. The injured person is often in pain, behind on work and unsure what the claim is worth.
Our intake is designed to close that gap without adding pressure. We ask about the injury, fault, treatment, current legal representation and location first. We request personal contact information only if the accident meets intake criteria. Every submission receives human review before it is referred to a participating attorney.
We do not give legal advice and we do not guarantee results or attorney contact. What we offer is a no-obligation way to find out whether your accident fits what participating attorneys in Florida, California, Arizona, Texas and New York review, with less unwanted solicitation along the way.
For a person with a disputed fault finding, a significant injury or a low offer, a conversation with a licensed attorney is the step that matches the problem. We built the check to make that step easier to take.
Luis
Check your eligibility
CaseClosedFL’s free eligibility check collects accident details first: the type of accident, injury, fault, treatment and whether you already have a lawyer. Personal contact information is requested only if the case meets intake criteria. Submissions get human review before referral to a participating attorney. There is no cost to the injured person, and the service does not guarantee attorney contact or any outcome.
Start the free eligibility check or review the consumer disclosures. Florida readers can see local coverage on the Florida accident intake areas page.
FAQ
Is an adjuster the same as an attorney?
No. An adjuster evaluates and settles insurance claims. An attorney is licensed to practice law, gives legal advice and represents clients in negotiations and court. Company and independent adjusters represent the insurer, while a public adjuster represents the policyholder.
Should I hire a public adjuster or an attorney?
It depends on the claim. Public adjusters handle first-party claims on property such as a home, and the NAIC model act excludes personal and commercial auto claims. For injuries from a car, motorcycle, rideshare or pedestrian accident, an attorney is the professional whose role fits. Your state insurance department can confirm local rules.
Do I have to talk to the other driver’s insurance adjuster?
Nolo states that you have no legal duty to cooperate with the other driver’s insurer or to give a recorded statement outside a lawsuit. Your own insurer is different, since your policy usually requires cooperation. If you are unsure what to say, get legal advice first.
What can an attorney do that an adjuster cannot?
An attorney can advise you on your legal rights, argue your side in a fault dispute, document the full value of your damages and file a lawsuit if talks fail. An adjuster works within the insurer’s claim process and cannot provide legal advice.
Sources
- Texas Department of Insurance: Working with an insurance adjuster
- Nolo: What Does an Insurance Adjuster Do?
- NAIC State Licensing Handbook, Chapter 18: Adjuster Licensing
- New York DFS OGC Opinion No. 01-02-09
- NAIC Model #902: Unfair Property/Casualty Claims Settlement Practices
- North Carolina Department of Insurance: After an Accident
- NAIC Public Adjuster Consumer Outreach Notice
- NAIC Model #228: Public Adjuster Licensing Model Act
- Public Adjuster Licensing & Fee Caps table
- Nolo: When Do You Need to Hire a Personal Injury Lawyer?
- Nolo: Car Accident Claims: How They Work
- Texas Office of Public Insurance Counsel: First-Party Auto Claims
- Idaho Department of Insurance: Auto Claims
- California Department of Insurance: So You’ve Had an Accident, What’s Next?
- NAIC: What You Should Know About Filing an Auto Claim
Recommended
Frequently asked questions
TL;DR Company and independent adjusters represent the insurer. Public adjusters represent the policyholder, but only on certain property claims. An adjuster can value and negotiate a claim. An attorney can also advise you on your legal rights, deadlines and disputes over fault. Public adjusters are defined in the NAIC model act as working on first-party property claims, and that definition excludes personal and commercial auto claims. Consider an attorney when fault is disputed, injuries are moderate or serious, or the damages are hard to calculate. CaseClosedFL offers a free eligibility check that screens an accident before asking for personal contact details. Table of Contents Who an adjuster works for The three kinds of adjusters What an attorney does that an adjuster does not Adjuster vs. attorney, side by side Public adjuster vs. attorney When an attorney is worth considering Speaking with the adjuster before you have advice Deadlines insurers must follow Settlement, mediation and trial Our perspective Check your eligibility FAQ Sources Who an adjuster works for After a crash, one of the first people to contact you is usually an insurance adjuster. The title sounds neutral. The job is not. The Texas Department of Insurance states that the adjuster works for the insurance company paying the claim . The adjuster reviews what happened and estimates the payment. The adjuster may inspect damage, read police reports, talk to witnesses or ask for more information. Nolo describes the typical sequence on a third-party injury claim. The adjuster assigns a claim number, gathers basic facts, asks for authorization to obtain medical records, investigates the accident, reviews medical and income documents, assigns a dollar value to the damages and negotiates the settlement . Nolo also notes that the adjuster’s main role is to resolve claims on behalf of the insurance company. That does not make every adjuster hostile or dishonest. It means the adjuster has an employer, and the employer is not you. Your interests and the insurer’s overlap on getting the claim processed. They can diverge on how much the claim is worth and who was at fault. For more on handling these conversations, see the CaseClosedFL guide on talking to insurance adjusters . The three kinds of adjusters The word “adjuster” covers three different roles. The NAIC State Licensing Handbook states that there are public, independent and company (staff) adjusters, and that more than 30 states require licensure of one or more of these types . Type Who they represent Who pays them Typical role Company (staff) adjuster The insurer The insurer Employee who handles claims for one insurance company Independent adjuster The insurer The insurer, through a contract Outside adjuster hired by an insurer, often during high claim volume Public adjuster The policyholder The policyholder Prepares and negotiates a property claim for the insured The NAIC handbook confirms that public adjusters represent the insured, while independent and staff adjusters represent the insurer. New York’s Department of Financial Services says the same in an opinion: an insured may retain a public adjuster, but has no say in who represents the insurer . When a reader searches “adjuster vs. attorney,” the adjuster who calls after a crash is almost always a company or independent adjuster. A public adjuster is something a policyholder chooses to hire, and that choice mostly arises in property claims. What an attorney does that an adjuster does not An attorney is licensed to practice law in the state and owes duties to the client. The attorney’s work on an injury claim can include: Advising you on your legal rights and options. Gathering evidence on fault, including police reports, witness statements and medical records. Documenting the full extent of your damages, including future treatment and lost income. Communicating with the insurer so you do not have to. Negotiating a settlement and, if talks fail, filing a lawsuit. The NAIC handbook notes that most states exempt attorneys admitted in the state from adjuster licensing when acting in their professional capacity as attorneys . In other words, the law treats negotiating a claim as something an attorney can do as part of legal representation. Representation also changes how insurers deal with you. The NAIC model claims regulation states that an insurer should not keep negotiating directly with a claimant who has no lawyer if a statute of limitations may affect the claimant’s rights, unless the insurer has given written notice of the time limit, at least 30 days beforehand for first-party claimants and 60 days for third-party claimants . Time limits are a legal matter, and an attorney can tell you which one applies to your case in your state. Attorney fees on injury cases are usually contingent, which means the fee is a percentage of the recovery. CaseClosedFL explains the common structures in its guide to personal injury lawyer fees . Adjuster vs. attorney, side by side Question Insurance adjuster Attorney Whom do they work for? The insurance company (public adjusters work for the policyholder) You, the client Gives legal advice? No Yes Main goal Investigate, value and resolve the claim Protect your legal rights and pursue fair compensation Handles a fault dispute? Decides fault for the insurer’s purposes Can argue your side and take the matter to court Can file a lawsuit? No Yes Who pays? The insurer pays company and independent adjusters Usually a contingency fee from the recovery The adjuster’s fault finding is not a final ruling. The North Carolina Department of Insurance explains that the adjuster will try to determine who is at fault, and that any disagreement over negligence may ultimately have to be resolved in a court of law . The same page notes that North Carolina’s contributory negligence rule can bar recovery for a driver found even partly at fault. Fault rules differ by state, which is one reason a state-specific answer matters. Public adjuster vs. attorney The public adjuster question comes up mainly with property damage: a house after a storm, a fire or a burst pipe. The distinction is worth understanding even if your claim is an injury claim. The NAIC consumer notice says a public adjuster works for you, the policyholder, and is paid by you, not the insurance company . Its listed duties include: Reviewing the policy to determine coverage. Informing the policyholder of deadlines and technical requirements. Researching and substantiating the damage. Preparing and documenting the claim. Explaining the insurer’s positions to the policyholder. Public adjusters and auto accidents The NAIC Public Adjuster Licensing Model Act defines the work as negotiating or settling first-party claims on insured real or personal property, and excludes personal and commercial auto claims . States adopt their own versions, so check your state’s rules. As a general matter, a public adjuster is a property claim tool. A claim for bodily injury after a crash is a different kind of claim, and it involves medical records, pain and suffering, lost income and fault. Fees and contracts Under the NAIC model act, a public adjuster may not charge more than 10% on a catastrophic claim or 15% on any other claim, and may not take a fee or deposit before the claim settles . The model also requires a written contract with the adjuster’s license number, a description of the loss and the services, and signatures from both parties. Individual states set their own caps. One reference table lists 47 jurisdictions that license public adjusters, with Florida’s cap at 20% of claim payments . Confirm the current figure with your state insurance department before signing anything. Can you use both?
On a property loss with legal complications, some policyholders use both: the public adjuster documents the loss, and an attorney advises on coverage disputes and legal deadlines. For an injury claim from a vehicle accident, the attorney is the professional whose role fits the claim.
When an attorney is worth considering Not every accident needs a lawyer. A minor fender bender with no injuries and an undisputed fault finding can often be settled with the insurer. Nolo lists situations where a personal injury lawyer makes sense: complicated or contested facts, liability or causation that needs expert testimony, claims against the government, tricky legal issues, moderate to catastrophic injuries, or damages that are hard to calculate . In practical terms, consider speaking with an attorney if any of these apply: Fault is disputed. The other driver blames you, or the police report is unclear. You were hurt. Injuries that need ongoing treatment, surgery or time off work are hard to value early. The offer arrives fast and low. A quick number may come before the full course of treatment is known. The CaseClosedFL article on average car accident settlements shows how much amounts vary by injury and state. The claim is delayed or denied. See the guides on claim delay tactics and a denied insurance claim . A rideshare, commercial or government vehicle is involved. These claims often involve more than one insurer or special notice rules. You are unsure whether the claim is first-party or third-party. The first-party vs. third-party guide explains the difference. Nolo’s author David Goguen, J.D., explains that damages are mostly driven by how serious the injuries are, measured by medical bills, effect on life and livelihood, pain and suffering and recovery time. As costs increase, the range of possible compensation widens , and experienced representation becomes more important for serious or long-term injuries. CaseClosedFL also covers this decision in when to hire a lawyer after an accident . Speaking with the adjuster before you have advice The adjuster will likely call within days. What you say can affect the claim, so know your position. Other driver’s insurer. Nolo states that when you deal with the other driver’s insurance company, you have no legal duty to cooperate with its investigation and are not required to give a recorded statement outside a lawsuit . Nolo advises sticking to basic accident facts and avoiding discussion of fault or the extent of your injuries. Your own insurer. The rules differ. The Texas Office of Public Insurance Counsel states that on a first-party auto claim you are required to cooperate with your own insurance company . If you and your insurer disagree on the amount or on what the policy covers, you can contact an attorney to advise you of your legal rights, and the State Bar of Texas can help you find one. Recorded statements. The Idaho Department of Insurance explains that an adjuster may ask to record conversations, though recording is not required . The same page says you may need an attorney’s legal advice in some circumstances, such as when you disagree about who is at fault. A short checklist for the first call: Confirm the adjuster’s name, company and claim number. Give your name, the date and location of the accident, and basic facts. Do not guess about fault or speculate about your injuries. Do not sign medical authorizations or releases you have not read. Write down what was discussed, with the date and time. Deadlines insurers must follow Insurers work under claim-handling rules, and knowing them helps you spot delay. The NAIC model regulation requires insurers to acknowledge a claim within 15 days, notify the claimant of acceptance or denial within 21 days after proofs of loss, and pay within 30 days of affirming liability when the amount is undisputed . States adopt their own versions. California’s guide states that insurers must acknowledge a claim and begin investigating within 15 days, accept or deny within 40 days of proof of claim, and pay within 30 days of settlement . If the company is unresponsive or you believe there is an unreasonable delay, California directs you to contact its Department of Insurance. If you disagree with a settlement, the NAIC advises you to ask the adjuster for a written explanation, then contact your state insurance department’s consumer services if the dispute continues. For a disagreement over value, check your policy for an appraisal clause. For vehicle valuation disputes in particular, see the guide on a total loss dispute . These deadlines govern the insurer. Your own deadlines, such as the lawsuit filing time limit, are separate and differ by state. An attorney licensed in your state can confirm them. Settlement, mediation and trial Most claims resolve without a courtroom. If negotiation stalls, there are structured options. CaseClosedFL explains settlement vs. trial and car accident mediation , including how costs work. An adjuster can negotiate toward a settlement. Choosing between settling, mediating and filing suit is a legal decision, and an attorney advises on it. Our perspective We built CaseClosedFL around one observation: most people injured in an accident meet the adjuster before they have met anyone who can advise them. The adjuster is organized, experienced and works for the insurer. The injured person is often in pain, behind on work and unsure what the claim is worth. Our intake is designed to close that gap without adding pressure. We ask about the injury, fault, treatment, current legal representation and location first. We request personal contact information only if the accident meets intake criteria. Every submission receives human review before it is referred to a participating attorney. We do not give legal advice and we do not guarantee results or attorney contact. What we offer is a no-obligation way to find out whether your accident fits what participating attorneys in Florida, California, Arizona, Texas and New York review, with less unwanted solicitation along the way. For a person with a disputed fault finding, a significant injury or a low offer, a conversation with a licensed attorney is the step that matches the problem. We built the check to make that step easier to take. Luis Check your eligibility CaseClosedFL’s free eligibility check collects accident details first: the type of accident, injury, fault, treatment and whether you already have a lawyer. Personal contact information is requested only if the case meets intake criteria. Submissions get human review before referral to a participating attorney. There is no cost to the injured person, and the service does not guarantee attorney contact or any outcome. Start the free eligibility check or review the consumer disclosures . Florida readers can see local coverage on the Florida accident intake areas page. FAQ Is an adjuster the same as an attorney?
No. An adjuster evaluates and settles insurance claims. An attorney is licensed to practice law, gives legal advice and represents clients in negotiations and court. Company and independent adjusters represent the insurer, while a public adjuster represents the policyholder.
Should I hire a public adjuster or an attorney?
It depends on the claim. Public adjusters handle first-party claims on property such as a home, and the NAIC model act excludes personal and commercial auto claims. For injuries from a car, motorcycle, rideshare or pedestrian accident, an attorney is the professional whose role fits. Your state insurance department can confirm local rules.
Do I have to talk to the other driver’s insurance adjuster?
Nolo states that you have no legal duty to cooperate with the other driver’s insurer or to give a recorded statement outside a lawsuit. Your own insurer is different, since your policy usually requires cooperation. If you are unsure what to say, get legal advice first.
What can an attorney do that an adjuster cannot?
An attorney can advise you on your legal rights, argue your side in a fault dispute, document the full value of your damages and file a lawsuit if talks fail. An adjuster works within the insurer’s claim process and cannot provide legal advice.
Ready to enter the accident details?
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