Visitor Question

Can I See the Insurance Carrier’s Claim File?

Submitted By: Anonymous (New Hampshire, USA)

In New Hampshire, is an insurance claim adjuster’s files and notes pertaining to a personal injury claim discoverable? Or are the files and/or notes considered confidential? Thanks for any guidance you can give.

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 Anonymous,

Under New Hampshire law unless the Claim Adjuster happens to be an attorney – and that’s not likely to be, the Adjuster’s files are discoverable. Now we should qualify that by saying the adjuster’s file of which you speak is the one directly related to the specific case. Just about any information the insurance company or its employees have compiled which is in any manner related to your case is discoverable.

Being “Discoverable” and being “Admissible” in court though is a different story. New Hampshire law provides that in a lawsuit both parties are entitled to go on what can be best described as a “fishing expedition” when attempting to discover evidence related to a specific case.

That information may include hearsay statements gathered by the adjuster during her investigation of the claim. Yet, the same statements may not be admissible in a court of law because they are hearsay and do not fall within one of its exceptions.

Navigating through the “Discovery” phase of any case can be a little tricky. Finely trained attorneys, especially qualified Workers Compensation and Personal Injury Attorneys are usually able to navigate the often murky waters with some ease.

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: April 14, 2011

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