Legal Question in Insurance Law in California

Stolen Car

In September 2003 my car was stolen. I contacted the insurance company and police department answered all there question and today I get a letter telling me that they want to interview me under oath. Can they do this?


Asked on 3/17/04, 4:56 pm

3 Answers from Attorneys

Steven Kuhn Steven Kuhn

Re: Stolen Car

The simple answer is yes. You have a duty to cooperate with your insurance company and give them a statement under oath if they request. If you wish, you can have an attorney present when you give the statement.

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Answered on 3/22/04, 7:25 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Stolen Car

Yes. You should be permitted to have a lawyer with you, but you will have to pay for the lawyer yourself if you choose to bring one.

The insurer can deny your claim if you don't agree to this interview.

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Answered on 3/22/04, 7:29 pm
Steven Murray Steven W. Murray, APC

Re: Stolen Car

In general, the insurer has the absolute right to examine you under oath. It is the equivalent of a deposition.

But under the circumstances you describe, you might not have to do this. Why has it taken 6 months for the insurer to get around to investigating the loss? Your question implies that nothing else has been done. Is that true, for if the investigation has been ongoing and other information has been gathered so that now you need to be questioned, then yes, you must do so and you need to be represented by counsel.

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Answered on 3/22/04, 7:56 pm


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