Can I demand a copy of an insurance company investigation and demand a different adjuster for a second investigation?

UPDATED: Oct 1, 2022

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Can I demand a copy of an insurance company investigation and demand a different adjuster for a second investigation?

I fell from a ladder at my parent’s home while I was helping them. I have sustained a concussion and back injuries and was out of work for 3 weeks. I am still on restricted duty. My father filed a homeowners claim and the insurance company said they found no negligence and will pay a small amount of doctor’s bills but no lost wages or compensation. An insurance agent friend of mine told me that I have the legal right to see a copy of their investigation and ask for a second investigation if I don’t agree with the adjusters decision. I have asked for a copy of their findings and so has my father the insured. She says they don’t release their findings and they will not get a different

adjuster to do an investigation. They state that this adjusters investigation is final. Do I or the insured have a right to their findings? Do we have the right to request a another investigation with a different adjuster? Is there a statute that I can refer to?

Asked on April 11, 2019 under Insurance Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you don't have the right to their investigation or to get a "second opinion." All you can do, if you are an adult, is to sue your father for more money (you would have to sue him, as the homeowner where you were injured; you do not sue his insurer, because his insurer has no obligation to you--you are not their customer or insured). If you can prove in court his fault and the extent of your injuries or medical costs or other losses, you can get a court judgment that he pay you money--at which time, his insurer should pay for him, at least up to his policy limits. So you have to take action against your father for compensation.
Bear in mind that if your father was not at fault in causing you to fall, then the insurer is right and you are not owed anything: the law does not give you compensation simply because you are injured in another's home. The injury must be due to the homoeowner's fault.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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