EXPERT WITNESS
EXPERT WITNESS

EXPERT WITNESS FOR INSURANCE CLAIMS

WITNESS EXPERTISE INSURANCE EXPERT WITNESS DEFINITION DIRECTORY COSTS OF INSURANCE EXPERT WITNESSES TESTIMONY QUALIFICATIONS SERVICES CLAIM ADJUSTER

Expert witness is the first place exclusively dedicated to the expert witness. Thanks to Witnessexpertise.com you will have access as an insured person to your rights by using the legal opinion of an expert witness to defend your rights with any litigation.

An expert witness protects the interests of the insured in the event of a dispute with his insurance, because in the context of any compensation in general, the insurers before proceeding to any payment of compensation will often try to question any claim and reduce their costs .

WHAT IS A EXPERT WITNESS ? DEFINITION WITNESS EXPERTISE

WHAT IS AN EXPERT WITNESS? DEFINITION WITNESS EXPERTISE

An expert witness is by definition a professional who has expertise in the assessment and analysis of damage or claims that are the subject of litigation in the context of coverage by an insurance policy and who is charged by an insured to defend his or her rights towards an insurer that try to renege on its obligations to its client, either by refusing to pay a policyholder's legitimate claim or investigate and process a policyholder's claim for a long in order to discourage the claimant.

The expert witness's mission is to give, in case of litigation and dispute between two parties (generally policy holder and insurance company) to the Court or tribunal a neutral opinion on particular facts within his or her expertise which contribute to solve the dispute.

The insurance expert witness will cross-assess the expert's report drawn up by the insurer's expert who is mandated by the insurance company to defend his rights, he is in a way the technical lawyer of the insured, feeling treated unfairly by his insurance.

The insurance witness expertise very often consists of a second insurance assessment which aims to defend the interests of an insured in the context of compensation, in the event that the insurance does not compensate the insured properly.

Taking an expert witness happens primarily when a person or company feels aggrieved by the way their insurance has handled their claim and wishes to question that decision.

An insured will ask for a second opinion on the results of the insurance expert when he feels he is being unfairly treated by an insurance company often blinded by its suspicion of its clients.

WHAT IS THE ROLE OF AN EXPERT WITNESS?

WHAT IS THE ROLE OF AN EXPERT WITNESS?

The role of the expert witness is to provide with an objective expertise towards the two parties, the insurer and the insured, to help resolve a conflictual financial situation and it’s on the basis of the expertise that the insurer will proceed with compensation or not.

Another role of the expert witness is to contradict the insurance expert appointed by the insurer in the context of a second opinion.

The expert witness will therefore prepare a report or testimony in which he will:

  • Be the point of contact with the insurer's expert and the court.

  • Proceed with a due diligence of events that led to the financial damages.

  • Identify the damage.

  • Collect all the information necessary for a better understanding of the facts.

  • Verify the exact circumstances and the consistency of the declarations of the parties in question.

  • Detect any discrepancies between what is observed and the insured's claim declaration in order to discover a possible insurance fraud.

  • Quantify the value of damage based on descriptive documents.

  • Estimate compensation for repair or replacement costs through a testimony.

In the event that the insurance puts the insured at a disadvantage, the latter may contest the opinion of the insurance expert and engage an expert witness who will defend his rights by intervening after the incident and assessing the damage and developing a testimony that will serve as a complaint toward a court.

WHEN SHOULD YOU BE CONSIDERING THE USE OF THE EXPERT WITNESS?

An expert witness should be required when a third-party expertise is need to help contributing in the resolution of a dispute and expert witnesses are often involved in court proceedings in order to give evidence.

FOR WHAT TYPE OF DAMAGE AND CLAIM DOES THE EXPERT WITNESS ACT?

FOR WHAT TYPE OF DAMAGE AND CLAIM DOES THE EXPERT WITNESS ACT?

The expert witness acts in many cases of damages and claims at the request of the insured who wish to be compensated:

  • Fire damages.

  • (Residential and commercial) water damages, flooding.

  • Expertise for an auto motorcycle accident.

  • Disability and mental health (depression and burnout).

  • Dental care.

  • School accident and safety.

  • Medical expertise.

  • Vocational expertise.

  • Forensic.

  • Parenting Experts.

  • Medical error (medical malpractice case).

  • Construction and engineering.

  • Burglary and vandalism.

  • Mental testament capacity.
  • Natural disasters (hurricane, eathquake).

  • Workplace accident.

  • Travel and vacation.

  • Lost profits expert.

  • Housing expertise.

  • Drought expertise for farmers.

  • Witness expertise for tax.

COSTS OF AN EXPERT WITNESS? HOW MUCH DOES AN EXPERT WITNESS COST?

COSTS OF AN EXPERT WITNESS? HOW MUCH DOES AN EXPERT WITNESS COST?

The amount of the expert witness's fees must be specified and fixed when signing the agreement on the intervention of the expert witness. They vary according to the amount and type of claim and experts charge by the hour and that can vary from about USD 100 per hour to ten or twenty times like it’s the case for tax disputes.

WHO PAYS THE EXPERT WITNESS?

This question that is always raised by an insured before initiating a second opinion procedure which can prove to be costly in the end.

The payment of the expert witness will depend on two distinct situations affecting the insured:

  • In the event that the insured has taken out insurance on an expert fee guarantee, it is the insurer who will be responsible for bearing the costs of the second opinion.

  • In the absence of such a guarantee or insurance, it is the insured who will have to absorb the expert's fees.

  • Expert witness's fees can sometimes differ, based upon which party is paying and normally the expertise fees are considered acceptable while the deposing party bears the costs.

WHAT QUALIFICATIONS ARE REQUIRED TO BECOME AN EXPERT WITNESS?

WHAT QUALIFICATIONS ARE REQUIRED TO BECOME AN EXPERT WITNESS?

A claimant shall choose an expert witness mainly on the basis of his or needs to have a tailor-made second opinion drawn up effectively responding to fair and equitable compensation.

In order to achieve the objective mentioned above, the expert must meet the following criteria:

  • Solid training in insurance expertise.

  • Long experience in the field where the insured or claimant is affected (road accident, water damage, civil liability, etc.).

  • Good reputation and track record.

  • Do not work for an insurance company to avoid a conflict of interest.

  • Have credibility with insurance and justice.

  • The expert does not focus on fees uniquely.

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