Where do you handle when insurance don’t won’t pay out on an auto theft?

UPDATED: Sep 30, 2022

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Where do you handle when insurance don’t won’t pay out on an auto theft?

My tow truck was stolen in the middle of moving to another state. Now, my insurer is giving me a hard time and want an independent interviews with and I?my wife

Asked on August 26, 2016 under Insurance Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have two choices: do the interview, answer any questions they have, and see if they pay out; or sue them for breach of contract (not honoring their committment to pay when required to do so by the facts and the terms of your policy), in which case, the same questions will be asked, and same concerns raised, by the insurer's attorney in court on the record (anything which may be relevant to the case, your insurance claim, and theft could be asked in such a lawsuit). Unless you simply walk away from the claim, there is no realistic way to avoid answering their questions, now or later. 
(The insurer must feel there is something odd or suspicious about the circumstances of the theft and your claim and are trying to ascertain whether this was truly theft by an unrelated 3rd-party, or whether it was an "inside job" or some other kind of insurance fraud.)

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