Personal injury Library

How Should Victims Deal With Independent Claims Adjusters after a Train Accident?

When filing an injury or wrongful death claim with the railroad company, you will be dealing with an independent claims adjuster.

Whenever a serious injury or fatality results from a railroad's negligence, most railroads bring in an army of lawyers to defend themselves. To aid their attorneys in administering the claim, railroads also bring in a special type of adjuster called an independent claims adjuster. Unlike your friendly State Farm rep, these adjusters play hard-ball and are in charge of multi-million dollar policies and asset funds.

If you or a loved one has been injured in a train accident, an independent claims adjuster represented yet another obstacle that you'll encounter as you seek to gain fair compensation. You'll need the help of a good attorney who knows how to deal with these special adjusters.

Questions Answered on This Page:

  • Who do I talk to when I file a train accident claim?
  • What do I need to know about insurance claims adjusters?
  • Can someone help me with my train accident case?

Why a Train Company Would Need an Insurance Adjuster:

Neither federal nor Texas state laws require railroads to invest in insurance to protect against the accidents that occur. With hundreds of millions, sometimes billions, of dollars in assets, railroads can afford to avoid buying insurance. They save money they would have had to pay on premiums, and then once an accident happens they hire an independent claims adjuster to handle compensating the victims or their families out of their own assets. The problem that this creates is that railroads are loathe to dip into their own assets to pay adequate compensation, and so they fight harder than do most other defendants.

Because they're both not insured, and unfamiliar with the protocol for settling cases, a railroad will often employ a 3rd-party claims adjuster to administer the claim. At Grossman Law Offices, our attorneys have been dealing with train accident cases for many years, and we want you to know how.

Dealing with the Independent Claims Adjuster

Working as an independent claims adjuster for railroads requires a very specific skill set. Not only does the third party claims rep need to be familiar with actuary tables and how insurance works, but he or she also needs working knowledge of the railroad industry. This person acts as a liaison between you and the railroad, on the railroad's behalf. In theory they consider the harm that has been done to you, research the typical jury award for that type of harm, then inform both you and the railroad as to what compensation you should receive. They consider the risk that was involved by both the victim and the railroad in causing the accident and determine the equitable benefits that should be paid to the victim.

That's how the role of the independent claims adjuster should work in a perfect world. Unfortunately, this isn't a perfect world. In most cases, the independent claims adjuster will work for a small firm that specializes in dealing with railroad accidents. This firm may depend upon the railroad for its business, and the claims adjuster doesn't even know you. Given that, you can see how some unethical claims adjusters may attempt to short you compensation in order to remain on the good side of the train company and inspire repeat business. If he or she agrees to pay you an amount the railroad thinks is extravagant, then he or she probably won't get another call from the railroad for future jobs.

On the other hand, some railroads may be reluctant to pay you any compensation at all after you've been injured or a family member has been killed in a train accident. They may try to prove that you were 100 percent to blame for the accident, for doing so allows them to escape liability completely.

Give Grossman Law Offices a Call:

The bottom line is that if you've been injured in a train accident, then you need a train accident lawyer protecting your rights no matter what. If you're dealing with an independent insurance rep, then you need to make sure you're getting the compensation you deserve - only someone who deals with these sorts of cases all of the time can tell you that. If the train company is aggressively trying to deny you any compensation, then you'll need a lawyer to fight for the damages you deserve.

At Grossman Law Offices, we can help you deal with either situation. To learn more about the challenges presented by independent insurance claims reps, then call us now for a free consultation at (855) 326-0000. We have experienced train accident attorneys standing by to speak with you 24/7. Call us when it's most convenient for you.

Other articles about train accidents you might find helpful:

Prev Post Next Post