Visitor Question

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

Submitted 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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Joyleen,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 7, 2011

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