What to do if my vehicle was stolen and totaled in a crash and now my insurance company wants me to submit to an examination under oath?

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What to do if my vehicle was stolen and totaled in a crash and now my insurance company wants me to submit to an examination under oath?

They are also requesting 2 years tax returns, any other debts I have, any insurance claims from the past 5 years, job and salary info, as well as some other stuff. I don’t know how some of this pertains to my claim and am I obligated to provide all of this info? Also, is it in my best interest to hire an attorney to be present on my behalf at this examination under oath?

Asked on December 7, 2012 under Insurance Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your insurer most likely believes there is a possibility, or even probability, that you colluded in the theft (e.g. pretended to steal it, or hired someone to steal it) in order to turn in a false insurance claim. They are looking for information relating to your finances, since financial distress, or excessive or questionable past insurance claims, can provide evidence that you were committing insurance fraud.

If you don't cooperate with them, they will almost certainly deny your claim. They could also cancel your insurance in some situations, and, if sufficiently suspicious, might even report you to the authorities (e.g. the police). You should retain an attorney to advise you, and follow his/her advice as to what to do; look for a lawyer with experience in alleged insurance fraud claims.


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