ACCIDENT VICTIM LOSES CLAIM BY NOT KNOWING HER RIGHTS. Steve Moore recently had a consultation with a motor vehicle accident victim that waited too long to seek legal advice about a potential claim. The victim had been in continuous contact with the insurance adjuster for the at-fault driver but when she went to try and settle the injury claim of her husband, she was told the claim had expired.  At the time of the accident, her husband who was injured in the accident, was suffering from terminal cancer and was near death. He suffered fairly severe injuries in the accident, including a broken arm but the adjuster never told the claimants that his injury claim would expire upon his death.  After his death from cancer the widow tried to seek restitution for her late husband’s medical bills related to the car accident and that’s when she was informed that his personal injury claim had expired because of his death. “Obviously, the widow was upset because the adjuster knew he was suffering from terminal cancer and new his claim would lapse upon his death but she never shared this information,” said Moore.  He also said, “I think it is clear the adjuster knew what she was doing, but under Alabama law the adjuster had no duty or obligation to provide legal information to claimants in relation to a liability claim.” The sad thing about this situation is that had they consulted with an experienced auto-negligence attorney shortly after the accident, his claim could have been easily preserved by a simple court filing that would have allowed his widow to settle his claim even after his death.  Many times after consulting with a client and explaining their rights and explaining what coverage may be available, the client will ask, “Why didn’t the adjuster tell me that?” The simple answer to that question is that it is not their job. The more detailed answer is that many times determining what claims or coverage may be available requires legal conclusions. Most adjusters are not lawyers and, as a matter of law, they can not offer legal advice to claimants.