What to do if an auto insurer is requesting that I attend an examination under oath regarding a stolen vehicle claim?

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What to do if an auto insurer is requesting that I attend an examination under oath regarding a stolen vehicle claim?

The claim was filed almost over a year ago and paid out. I am no longer insured with this company. Do I have to attend the examination? What happens if I don’t attend? What happens if I attend and they suspect fraud?

Asked on December 4, 2012 under Insurance Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should not have attend unless you are subpoened or sued--but if they do subpoena you (or sue you) and you do not attend, you can then be subject to sanctions or punishment by the court. If at any point, before or after attending such a hearing (or if you don't attend) the insurer suspects fraud, it can sue you recover any money it paid out (and possibly additional amounts too, including legal fees) and/or refer you to the authorities for possible prosecution, since insurance fraud is a crime.


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