Legal Question in Insurance Law in Illinois

My vehicle was stolen on jan. 13th and I filed a claim, with my insurance agent Allstate, I talked to an adjuster and I filled out all the appropriate paperwork and sent in my keys to the vehicle to them after a month long process i have now received some papers from a lawyer representing allstate to do a statement under oath, and they are asking for extra documents a lot of financial records. My question is, is this legal can they do this and what does my taxes and bank statements have to do with my car being stolen. I was the victim and for some reason I now feel like I am having to defend myself for having my car stolen. Allstate has a bad rep. for how they deal with claims and I see now that I am now experiencing what a lot of others have said about them.


Asked on 2/26/10, 7:07 am

1 Answer from Attorneys

You as the insured owe a duty to cooperate with your insurer; that's basic insurance law. You may need to review your insurance policy and it may show what you may be required to supply your insurer in the event of a claim -- including personal financial information.

For all we know the attorney needs the affidavit to use against the thieves. You give too little information, however, about the factual situation surrounding the theft or what you reported. If there is some cause for them to think that the "theft" was a set-up and that you somehow profited from the "incident"....there's a lot of that going around. The company may need to document for internal purposes that they've investiated to a reasonable point.

Think of it in part this way: it's somewhat like security at an airport. We all hate the invasion of privacy but know what the alternatives could be..... Here hopefully they are taking the extra steps with not only you but anyone where the "factors" somehow need to rule out the possibility of a fraudulent claim, and this way the company remains solvent to pay you and hopefully not have to raise rates.....

But again without knowing the facts you reported or what the affidavit contains, you should call the agent and the attorney and see if you can find out what is going on. Be polite up front -- you hopefully will get more information that way. If it doesn't "sound" right to you, and if in fact there's some question as to your "innocence", then you may have legal rights here that are being affected, including your right against self-incrimination......and you may need an attorney. And you are entitled to one anyway (your own, not the insurer's attorney, that you will have to pay for) to review the affidavit and see if there's anything in it.

Read more
Answered on 3/03/10, 8:25 am


Related Questions & Answers

More Insurance Law questions and answers in Illinois