Do I have the right to know the personal insurance policy info of a person if I have a personal injury lawsuit against them in Oregon? 2 Answers as of January 03, 2011

I was injured in an accident recently, and I have an ongoing lawsuit with the woman who caused the accident. Can I ask my insurance adjuster what amount of personal injury she has because of the lawsuit? What information should I expect out of my adjuster?

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Harris Law Firm
Harris Law Firm | Paul Vames
Yes, if you have an ongoing lawsuit, the adverse party's insurance information is discoverable under ORCP 36B(2). I'm not sure whether by "my adjuster" you are referring to the adjuster employed by your insurer or the adverse party's insurer. Either way, it is probably best that you advise your attorney to send a request for production to the adverse party's attorney requesting the declarations sheet and insurance policy.
Answer Applies to: Oregon
Replied: 1/3/2011
Law Office of Travis Prestwich, PC
Law Office of Travis Prestwich, PC | Travis Prestwich
The information the insurance company is required to provide depends on which company the adjuster works for and at what stage of the proceedings you are in your case. If the adjuster works for your insurance company, she typically will provide you with information and let you know what rights and benefits you have under your coverage. However, even though it is your company, it will not necessarily be looking out for your interests. If you are speaking about the adjuster for the other party's insurance, that person is required to provide you very little information and, typically, will not provide any details about coverage, etc. You are not entitled to that information until after a lawsuit is filed in court. For this reason, among many others, it is wise to have an attorney represent you to advise you of what rights you have and enforce those rights for you.
Answer Applies to: Oregon
Replied: 1/3/2011
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