Witness Statement Mitigates Liability Exposure
We completed a claim investigation regarding a fatal accident involving a motorcycle and our client’s driver in a company tractor trailer. We assisted our client and their defense attorney to identify several witnesses. From one detailed witness statement we were able to determine that the motorcyclist was driving recklessly trying to make an exit and that there was in fact no contact between our client’s tractor trailer and the motorcycle, even though other witnesses had indicated there had been.Through detailed statements from each of the various witnesses, we were able to determine the position of each witness in respect to the incident and were able to determine that the witness who saw no contact between the vehicles did in fact have the best view of the incident and was the closest vehicle to the accident. This witness was nearly a victim as well due to the careless driving of the motorcyclist.By obtaining this detailed witness statement we were able to obtain information that significantly mitigated our client’s liability exposure if not eliminated it completely.
30-Story Water Loss
We received notice from our client, a large fire suppression sprinkler installation company, of a 30-story water loss allegedly caused by a burst pipe in a sprinkler system. We swiftly coordinated our local adjuster to arrive on scene the same day for handling on a rush basis. We took detailed photos of the damages on each of the 30 floors and immediately assessed which units were affected and damaged by the water flow. We worked with building management to preserve the affected burst water pipe for testing by an expert engineering company to determine why it failed. We worked with management to obtain contact information for each of the unit occupants, water remediation invoices, repair invoices, and spreadsheets of affected areas. After the flow of water ceased our experienced property adjuster completed a 165-page estimate of damages, which would help our client potentially negotiate settlement at the appropriate time.
We monitored the water remediation and repairs to the units daily. Our presence on scene allowed our client to be completely informed of the water remediation and repair process. We mitigated costs, ensuring that standard water remediation practices were used and that our client was not being over-charged for excessive use of air-movers, de-humidifiers and personnel. We coordinated building employees to assist in moving equipment up and down the various floors to avoid unnecessary use of union labor time for the carpenters completing the repairs. We were our client's "boots on the ground" representing their interests, making sure the work was done efficiently and in a cost-effective manner while investigating the cause of loss and resolving the matter.
Surveillance Confirms Exaggerated Injury Claim
A claimant involved in an auto accident with an insured claimed a soft tissue injury and was out of work due to pain. The attorney notified the carrier that the claimant was considering back surgery. By conducting surveillance during a holiday weekend, we were able to obtain footage of the claimant moving normally, getting in and out of cars, carrying groceries and dancing at length at an outdoor festival, clear evidence that any serious back injury was an exaggeration.
Multiple Slip and Falls - No Liability
We handled multiple slip & fall claims for an insurance company who insures a large commercial high-rise building. We took statements from multiple employees, janitors, and witnesses, and we obtained copies of the maintenance company contracts and reviewed indemnity agreements. Although we determined there was no potential to tender the claim the insured's janitorial service vendor, we did determine the insured had no liability as the insured had taken reasonable precautions to prevent any slip and fall incidents and that the claimants had a duty to use care. The insured had long walk-off mats and umbrella bags in place to prevent any un-natural accumulation of water. The insured had employees at the doors warning all persons entering the building to use caution. The insured had janitors on stand-by to mop any accumulation of water on the floor. Because of our detailed inspection and investigation in each case, we were able to recommend to our client in each slip and fall claim that the insured had no liability.
Efficient Settlement Over Mexican Border
A US-citizen insured caused damage to a building and contents while briefly in Mexico and was held responsible by the claimants for obtaining a repair estimate and to buy and deliver replacements for all damaged items. Our adjuster was able to go across the border to confirm and inspect the damages, confirm an agreed price with the chosen contractor and work out an agreement and payment of the claim with releases and receipts at significantly less than the original estimation.
Rapid Response - Proved no Liability in Fatality Auto Incident
An insured truck driver was involved in an accident with an auto on a rural country road. Our prompt response to the scene revealed the adverse driver had passed away. We were able to inform our client immediately from the scene of the fatality and perform a thorough scene inspection in sub-zero temperatures with the adverse vehicle still in its post-impact position and law enforcement still present. Our on-site interview with the insured driver and subsequent statements from witnesses allowed us to provide our client with a strong defense that the insured was traveling safely and within the speed limit, and that the adverse driver apparently lost control on icy roads, crossed over the center line and the collision ensued. We were able to recommend that our insured had no liability for this accident.