Can an adjuster interview witnesses without involving opposing counsel or parties?

The ability for an adjuster to interview witnesses independently hinges on the nature of the relationship between the adjuster, the witnesses, and the involved parties. In certain scenarios, it is permissible for an adjuster to conduct interviews without the direct involvement of opposing counsel or parties, especially if those witnesses are not represented by legal counsel.

This practice is often permissible in the context of gathering information relevant to a claim, as long as the adjuster is acting within the bounds of ethical standards and regulations governing their conduct. Adjusters are tasked with assessing the facts surrounding an incident to evaluate claims accurately and fairly, and witness interviews can be a crucial component of this process.

That is not to say that legal representation may not be advisable or beneficial during such interviews; rather, it is a matter of whether their presence is explicitly required by law or ethical guidelines in a given situation. In many cases, especially where there is no existing conflict or legal proceeding, the adjuster may interact with witnesses directly to obtain necessary information without the complication of opposing counsel's involvement.

This underscores the importance of understandings, such as the concept of interviewing lay witnesses versus parties involved in litigation, as legal standards may differ significantly in those scenarios. Adjusters must maintain respect for the legal