Video: Claims Process Primer


They are called “adjusters,” but it’s important to realize that the BP claims personnel are not like insurance adjusters – they have no legal responsibility to be fair with anyone, the way insurance adjusters do. Making that point is one of the reasons I’ve released a new video outlining some issues to keep in mind now that Ken Feinberg is set to takeover this badly tarnished process on Aug. 23.

Another crucial point is that anything said to BP employees and any of the often-confidential “internal” memos and materials are all fair game in any future legal action. Of course, that’s just one of the many reasons BP doesn’t want attorneys involved in the claims process and has discouraged victims from seeking professional help…but you probably guessed it wasn’t because they want to pay out more money to make people whole.

No doubt this is a depressing process, and lives are going to be changed forever. All of us need to be vigilant as we move into the second phase of the claims process…the Feinberg Takeover.

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Stuart H. Smith is an attorney based in New Orleans fighting major oil companies and other polluters.
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