Can I Request the Name of the Liable Party from the Insurance Company?

by Joyleen
(Memphis, TN.)

I was hit in the head by a metal bar that fell from the top of my office door, that was installed by a Security Company. I was told that the actual employee who installed the bar was not licensed to do so. He was a friend of the Company's owner.

Am I allowed to ask for this employee's name from the Security Company's Insurance Adjuster and are they obligated to give me this information?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I Request the Name of the Liable Party from the Insurance Company?":

You can always ask, but whether they are required to give it to you informally is another question. Technically, they only need to give you information directly relevant to the claim which, quite honestly, may not include the name of the employment.

Sometimes, it takes formal discovery which occurs only after a party commences a civil action (lawsuit), to compel parties to disclose information. But before you get worried, I would simply ask informally. If they say yes, terrific. If not, know that you may need to file a lawsuit if you find that the information is integral.

The other option is on an incident report. You are entitled to a copy of a report and perhaps you can find a name there.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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