The Pros and Cons of Including an Adjuster Report in Litigation - An adjuster report is a crucial component in an insurance claim process. It serves as a detailed account of the claimant’s losses and the damages sustained, and is used by the insurer to assess and determine the appropriate compensation to be paid to the policyholder. In some cases, an adjuster report may also be used as evidence in legal proceedings related to the claim.
|The Pros and Cons of Including an Adjuster Report in Litigation
However, the decision to include an adjuster report in litigation can be a complex one, as there are both pros and cons to doing so. In this article, we will explore the advantages and disadvantages of including an adjuster report in litigation.
1. Provides a detailed account of the damages and losses incurred: An adjuster report is a comprehensive document that outlines the extent of the damages and losses incurred by the policyholder. This detailed account can provide a strong basis for a legal case, as it demonstrates the extent of the damages and losses sustained.
2. Provides expert testimony: An adjuster report is typically prepared by a licensed and experienced adjuster who has expertise in assessing damages and losses. Including an adjuster report in litigation can provide expert testimony that supports the policyholder’s case.
3. Demonstrates good faith: Including an adjuster report in litigation can demonstrate that the policyholder has made a good faith effort to resolve the claim with the insurer before resorting to legal action. This can help to establish the policyholder’s credibility and can be viewed favorably by the court.
1. Can be used against the policyholder: While an adjuster report can provide expert testimony that supports the policyholder’s case, it can also be used against them. If the adjuster report contains information that is unfavorable to the policyholder’s case, it can be used by the insurer or the opposing counsel to weaken the policyholder’s case.
2. Can increase legal costs: Including an adjuster report in litigation can increase legal costs, as the insurer may choose to dispute the contents of the report and may hire their own experts to assess the damages and losses sustained. This can lead to a prolonged legal process and increased costs for the policyholder.
3. May not be admissible in court: While an adjuster report can provide valuable evidence in a legal case, it may not always be admissible in court. The admissibility of an adjuster report depends on various factors, including the content of the report, the method of preparation, and the qualifications of the adjuster who prepared it.
In conclusion, including an adjuster report in litigation can have both advantages and disadvantages. While it can provide valuable expert testimony and demonstrate good faith, it can also be used against the policyholder and may increase legal costs. As such, it is important for policyholders to carefully consider the pros and cons before deciding whether to include an adjuster report in litigation. In some cases, it may be beneficial to seek the advice of an experienced attorney who can provide guidance on the best course of action.