If your home or business has been damaged by fire, you expect the insurance adjuster assigned to your case to be fair, accurate, and professional. Unfortunately, not every adjuster meets that standard. Some undervalue fire damage, ignore key evidence, or intentionally delay the process—leaving you underpaid, frustrated, and unsure of what to do next.
So the question becomes: Can you sue the insurance adjuster directly for mishandling your fire claim in Mississippi? The answer is complicated and depends on the specific facts of your case.
At Barrett Law, PLLC, we help Mississippi homeowners and business owners fight back when their fire insurance claims are mishandled, undervalued, or wrongfully denied. Below, we break down what the law says about suing adjusters and what your real legal options are.
The Role of an Insurance Adjuster in Mississippi
An insurance adjuster is the individual—either employed by the insurance company or an independent contractor—assigned to inspect your fire damage, assess the losses, and make a recommendation to the insurance company about your claim’s value.
Adjusters are responsible for:
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Inspecting the damage
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Reviewing repair estimates
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Evaluating your policy terms
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Communicating with you about your claim
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Recommending how much the insurance company should pay
Unfortunately, some adjusters minimize damages, omit repairs, or refuse to consider legitimate documentation—all to save the insurer money.
Can I Sue an Adjuster Personally in Mississippi?
In Most Cases, No—You Sue the Insurance Company
In Mississippi, insurance adjusters are typically considered agents of the insurance company. This means that any wrongdoing by the adjuster is legally attributed to the insurer. If an adjuster mishandles your fire claim, the insurance company is the one legally responsible.
You generally cannot sue the adjuster personally for:
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Undervaluing your claim
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Denying valid repairs
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Delaying your payout
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Failing to communicate or investigate
Instead, your legal claim would be against the insurance company, under one or both of the following causes of action:
1. Breach of Contract
Your insurance policy is a legal contract. If the insurer—through its adjuster—fails to honor the policy by refusing to pay valid claims, you can sue the insurance company for breach of contract.
2. Bad Faith Insurance Practices
Mississippi law allows you to sue your insurer for bad faith if they:
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Refuse to pay without a legitimate reason
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Unreasonably delay the claim
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Fail to properly investigate your loss
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Use deceptive practices during the claims process
Bad faith lawsuits can lead to full compensation, emotional distress damages, and in some cases, punitive damages.
Are There Any Cases Where You Can Sue an Adjuster?
There are rare exceptions where a Mississippi court may allow you to bring a claim against an adjuster directly, including:
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Fraud or intentional misrepresentation: If the adjuster knowingly lies or fabricates information to deny or reduce your claim.
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Tortious interference: If the adjuster interferes with your contractual rights or relationships maliciously.
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Actions outside the scope of their role: If the adjuster acts in a way that is so far outside their official duties that they can be held personally liable.
These types of claims are uncommon, and the burden of proof is high. In most cases, your strongest and most successful legal strategy is to go after the insurance company—not the individual adjuster.
How to Handle an Adjuster Who Mishandles Your Fire Claim
1. Document Everything
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Keep records of all conversations (dates, times, who you spoke with, what was said).
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Save emails, letters, and texts from the adjuster.
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Take photos and videos of all damage before and after inspections.
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Keep receipts for temporary repairs and expenses.
2. Request a Written Explanation
If the adjuster denies or underpays part of your claim, ask for a written explanation referencing the policy and any supporting documentation.
3. Get an Independent Repair Estimate
Hire your own contractor or public adjuster to evaluate the fire damage. This estimate can be used to challenge the insurer’s findings.
4. File a Complaint with the Mississippi Insurance Department
You can file a complaint against both the adjuster and the insurer if you believe your claim is being handled unfairly. This can prompt an investigation and put pressure on the insurer to correct bad behavior.
5. Contact a Fire Insurance Lawyer
An experienced Mississippi fire insurance attorney can handle communications with the insurance company, challenge a wrongful denial or underpayment, and file a lawsuit if necessary.
Fire Insurance Claim Frequently Asked Questions
Can I report the insurance adjuster for misconduct?
Yes. You can report them to the Mississippi Insurance Department, especially if they’re acting unethically or violating licensing rules.
Will firing the adjuster help my claim?
You cannot directly fire an adjuster assigned by the insurance company, but your attorney can demand a new adjuster if the current one is acting unfairly or with bias.
Do adjusters work for me or the insurance company?
Unless you hired a public adjuster, the insurance adjuster works for the insurance company—not for you. Their goal is to minimize the payout, not to advocate for your interests.
What if I already accepted a low payout?
You may still be able to reopen your claim or challenge the settlement if you were misled, underpaid, or denied information about your rights.
What can I recover in a bad faith lawsuit?
You may be entitled to:
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The full value of your original claim
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Emotional distress damages
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Attorney’s fees
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Punitive damages (in egregious cases)
Mishandled Fire Claim? Call Mississippi Fire Insurance Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If an insurance adjuster has undervalued, delayed, or denied your fire damage claim, you may have legal recourse. At Barrett Law, PLLC, we hold insurance companies accountable for the actions of their adjusters—and fight to get you every penny you’re owed under your policy.
📞 Call (601) 790-1505 for a free consultation—available 24/7/365. We represent clients across Mississippi, including Jackson, Gulfport, Hattiesburg, Southaven, Biloxi, Oxford, Tupelo, Meridian, Madison, Clinton, and beyond.
