QUESTION
By law, am I obligated to provide a statement of loss to injury claim adjuster if not ready for it and if so, by when?
Asked on Apr 14th, 2014 on Personal Injury - Missouri
More details to this question:
Can they request police assistance to get statement out of me at any time?
10 ANSWERS
Ronald A. Steinberg
The insurance policy requires you to cooperate. If you don't, they won't pay.
Answered on Apr 22nd, 2014 at 9:48 AM
No, an adjuster cannot compel you to give any information without a subpoena which would require a lawsuit having been filed. If there are criminal charges, you could be asked questions in court under oath but you could object. If you are the defendant, you need good legal counsel on any criminal and civil legal matters. You also need to turn the matter over to your auto insurance company to defend you. If you are the plaintiff, you may want to cooperate with the adjuster to get a good settlement offer. But, do not talk to them without legal advice and representation.
Answered on Apr 21st, 2014 at 7:20 PM
James Eugene Hasser
I'm presuming you were in a mva and you are dealing with the other person's insurance adjuster, in which case, you have no obligation to talk to him. You can tell him that you are thinking about getting a lawyer.
Answered on Apr 21st, 2014 at 6:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would suggest that you hire an attorney, and generally would state that cooperation with claims adjusters, etc. is mandatory, especially if it is your insurance which is involved. I do not understand your question regarding the insurance company getting police assistance unless there are other issues which you did not mention.
Answered on Apr 21st, 2014 at 6:57 PM
Edwin K. Niles
1. Why would the police care? 2. Whose adjuster? If it's your company's, you should cooperate or they may deny coverage. You have a DUTY of cooperation; it's in your policy.
Answered on Apr 21st, 2014 at 6:57 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You don't have to talk to them at all and they cannot get the police to force you. However, you will get nothing if you don't talk. If it is simply a matter of needing to get more costs or bills, tell them that.
Answered on Apr 21st, 2014 at 6:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are not obligated to give the LIABILITY carrier anything. not a peep. Not a word. Don't let them intimidate you. police cant do anything . on the other hand if this is your carrier, you have to cooperate or they will deny you benefits and close the file for noncooperation. Understand the difference? One is your carrier. You have a duty. One is not and you owe them nothing. get a lawyer if you have a serious injury.
Answered on Apr 21st, 2014 at 6:57 PM
If you were injured and want the insurance company to cooperate with you - and you are not going to hire an attorney - you should give the recorded statement. There is no deadline to give the statement, but if you do not work with them, they will not work with you to settle your case. If you are going to file a lawsuit - because the insurance company will not settled with you - you only have 3 years to file. Just give the statement. It only takes a few minutes. If you are not comfortable with the questions, then don't answer them or ask for some clarification on the question.
Answered on Apr 21st, 2014 at 6:56 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You can state what your loss is up to the point in time when you give your statement, and if you don't, they can deny your claim. If they think you are committing fraud, they can report that to the police.
Answered on Apr 21st, 2014 at 2:38 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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IF you are dealing with your own insurance carrier, then you have an obligation to cooperate. If not, then you are not required by law to give a statement of loss and the insurance carrier cannot get the police to help them get a statement. However, how are you going to get paid for your loss if you do not give them a statement?
Answered on Apr 21st, 2014 at 2:23 PM