As is often the case, while conducting claims investigations, it becomes necessary to engage an expert engineer.However, there are times when individuals acting as engineering experts appear and are not legally qualified to do so.When that happens, adjusters, claims supervisors, and attorneys should know the possible implications to their cases if the individual is retained to work on their behalf.
Recently, we were asked to participate in a joint examination of a vehicle involved in a two vehicle collision.As expected, each of the other parties was represented by engineers retained on their behalf.Upon researching the opposing engineers (prior to the examination), it was determined that one of the individuals worked for the company that was represented and not in private practice.The second individual represented the claimant and advertised himself as an individual in private practice.Although appearing to be eminently qualified to practice engineering, the second individual was found to have been practicing without a license in the state of Tennessee.
After determining that the claimant’s engineer was practicing illegally and after the examination was completed, a complaint was filed with the State Board of Architectural and Engineering Examiners.If the State Board finds that the individual was, in fact, practicing without a license then, the board will most likely order the individual to stop practicing immediately.The implication of such an order can be disastrous for the adjuster or attorney that hired the illegal engineer.For example, if the individual continues to practice and attempts to testify in court, knowledge of the board’s cease and desist order can be used to challenge his credibility and disqualify him as an expert.Since judges qualify experts, the court is no place for an illegal expert to demonstrate his contempt for the law by placing himself above the law.If the challenge is successful, all the work performed by the illegal engineer will be useless and all of the money paid by the client to the engineer will have been wasted.
The rules of practice within the state of Tennessee allow for individuals to practice engineering if their services are provided to their employer and not the general public, which was the case of the first individual.If on the other hand, an individual offers engineering services by way of verbal claim, letter head, business card or any other form, then that individual’s business is construed as a practice of engineering.Advertising or offering of engineering services without licensure is prohibited under state law.Each state has its own body that regulates the practice of architecture and engineering.Adjusters should also know that most states have adopted the educational, experience and examination requirements as set forth by the National Council of Examiners for Engineering and Surveying (NCEES).Generally speaking, an individual is required to have at least a bachelor’s degree in engineering from a recognized institution, perform a minimum four year internship after graduation, and pass two eight-hour examinations.
