How can we protect ourselves from our insurance company?

Our Vehicle was stolen about 2 months ago, and now we are being asked for 3 years of bank statements, insurances of all kinds etc. My wife and I are just wondering if we should be worried and get a lawyer because we've talked with friends and family about our situation, and they say to get a lawyer because it seem like a trap that our insurance company is setting up.

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Answered By: Gregory Casale Attorney at Law

Call now: (508) 752-7500

It does seem beyond standard claims procedure that the insurance company would be seeking that type of information. You probably should speak with an attorney before you have any more conversations with your insurer.

Answer Applies to: Massachusetts - Replied: 10/25/2011

Answered By: Joel H. Schwartz, P.C.

Call now: (617) 742-1170

It is not unusual for an insurance company to request items like this. People do commit fraud, and insurance companies are entitled to make sure that claims are legitimate. If you have done nothing wrong, you should have nothing to hide. I would not spend any money on a lawyer, you cannot be trapped if there is nothing to trap!

Answer Applies to: Massachusetts - Replied: 10/24/2011

Answered By: Law Offices of Joseph I. Lipsky, P.A.

Call now: (888) 352-5298

In the current economic environment, many insurance companies are taking a hardline approach to theft claims. For that reason alone, it is in your best interest to discuss the facts of your loss and claim with an attorney experienced in handling such theft losses. We offer a free, no-obligation consultation in situations such as yours. We have over 20 years of experience in handling all types of theft claims.

Answer Applies to: Florida - Replied: 10/24/2011

Answered By: R. D. Kelly Law Firm, P.L.L.C.

Call now: (206) 623-3702

Your statement is unclear as to why anybody would be asking for your financial information, but if you retain an attorney chances are he or she can straighten it out for you.

Answer Applies to: Washington - Replied: 10/23/2011

Answered By: Law Office of Ronald Arthur Lowry

Call now:

Your insurer seems to be setting you up for a denial of the claim based on fraud, i.e. that you had something to do with the loss of the vehicle. What you described is a common fishing expedition insurer sometimes uses to turn up evidence to establish motive. You have a contractual responsibility to cooperate with your insurer but, yes, you should get a lawyer familiar with insurance claims to help you.

Answer Applies to: Georgia - Replied: 10/23/2011

Answered By: Coulter's Law

Call now: (732) 769-2445

Your friends are correct. Get a lawyer. Best case scenario is the insurance company does not cover the loss. Worst case is you are charged with insurance fraud.

Answer Applies to: New Jersey - Replied: 10/22/2011

Answered By: Paul Whitfield and Associates P.A.

Call now: (704) 372-8322

Insurance companies are very careful about "stolen" vehicles or lost or damaged property and require a lot of documentation, may even want to take your deposition. There is a lot of fraud in the business. So give them what they ask for if it seems to be reasonable. They almost always drag their feet. If you hire a lawyer you will spend bucks you may not be able to afford.

Answer Applies to: North Carolina - Replied: 10/22/2011

Answered By: Patrick M Lamar Attorney

Call now: (256) 534-4355

They are trying to make sure you did not steal the car. This is an abuse tactic used by a number of companies. Get a lawyer.

Answer Applies to: Alabama - Replied: 10/22/2011

Answered By: Kelaher Law Offices, P.A.

Call now: (407) 841-7698

Get a lawyer. Under Florida law, if your insurance company refuses to pay you for benefits to which you are entitled, if the lawyer prevails, your insurance company has to pay the lawyer a reasonable fee under Section 627.428 of Florida Statutes. The lawyer shouldn't charge you.

Answer Applies to: Florida - Replied: 10/22/2011

Answered By: Bernard Huff, Attorney/Mediator

Call now: (317) 542-8540

Yes, you should retain a lawyer for specific advice and direction and not rely on opinions and advice from laymen.

Answer Applies to: Indiana - Replied: 10/22/2011

Answered By: Law Office of Sam Levine, LLC

Call now: (404) 303-8875

I am sorry that your car was stolen. I am sure that it is upsetting. You have insurance to insure against things like this happening & now you feel like your insurance company is giving you a hard time. I understand. I do recommend that you consult with an attorney to ensure that your claim is properly & fairly paid. There are multiple stages of the claims process that an attorney can assist you with. Please contact an attorney who is experienced & can answer all of your questions. I would recommend not communicating in any way with your ins. co. or any of its reps until you consult with an attorney. You also may decide during this process that you want to switch insurance companies if you come to feel that they do not value you as a customer.

Answer Applies to: Georgia - Replied: 10/22/2011

Answered By: David F. Stoddard

Call now: (864) 375-0000

The insurance company is looking to see if you had an incentive to fake you car being stolen to get out of making the payments. If you do not provide the information, the company may deny the claim for failure to co-operate. If the company denies the claim, you can sue for breach of contract or bad faith. If you sue, they will have a right to require you to produce the bank records. It is not a trap, just an investigation. If your finances are solid, then they will have no reason to deny the claim.

Answer Applies to: South Carolina - Replied: 10/22/2011

Answered By: Michael Anthony Wing, P.C.

Call now: (251) 433-7468

You should follow your intuition and get a lawyer.

Answer Applies to: Alabama - Replied: 10/22/2011

Answered By: The Law Office of Eric R. Chandler, P.C., L.L.O.

Call now: (402) 933-6858

Yes, it seems as if the insurance company may be setting it up to claim you were involved with the theft, especially if they begin discussing a statement under oath. If things go any further, it may be worth at least consulting with an attorney.

Answer Applies to: Nebraska - Replied: 10/21/2011

Answered By: Law Office of Jared Altman

Call now: (914) 737-0200

I smell a rat. I don't think that they have the right to ask you for any of that. Check your policy.

Answer Applies to: New York - Replied: 10/21/2011

Answered By: Goolsby Law Office

Call now: (706) 863-5281

We do recommend that you consult with a lawyer about your rights and options, including dealing with the insurance company.

Answer Applies to: Georgia - Replied: 10/21/2011

Answered By: Craig Kelley & Faultless

Call now: (800) 746-0226

You should get an attorney as soon as possible. An insurance company may claim fraud even when there is no fraud in order to not pay a claim. In fact there was a recent case that went to trial in Hamilton County, Indiana where an insurance company did just that to a roofer who was giving estimates to people who had suffered hail damage. Fortunately the insurance company was held accountable. Do not trust the insurance company. Make sure that someone is looking out for your interest.

Answer Applies to: Indiana - Replied: 10/21/2011

Answered By: Andrew T. Velonis, P.C.

Call now: (315) 579-3108

You don't have to protect yourself "from" them, you just have to play the game with them. They have to go through all that razzamatazz so that they can be sure they are not falling for a scam. It's not you, it's just that if they have 1,000 claims of stolen cars across the country in the course of a year, there will be a couple that are not legit. So, they have to investigate them all. Sure, you can get a lawyer if you want to, but you will still have to produce all of the information and documentation.

Answer Applies to: New York - Replied: 10/21/2011

Answered By: Bulman Law Associates PLLC Injury Law Firm

Call now: (406) 721-7744

If you vehicle was stolen then pursue your claim. If you do have anything to hide and you continue to pursue it, you may get in trouble. You don't need to give them bank statements. Tell them you will give them one week to do the right thing or you will call the Montana Insurance Commissioner and complain.

Answer Applies to: Montana - Replied: 10/21/2011

Answered By: The Law Office of Josh Lamborn, P.C.

Call now: (503) 546-0461

Your insurance company must have seen something about the circumstances surrounding the theft of your vehicle that they found to be suspicious. The insurance company has a right under the contract that you signed with them (your policy) to collect this information prior to paying out on your claim. If they find anything that indicates that you are desperate for money (gambling losses, large withdrawals, large purchases, etc.) they may choose to investigate further and possibly deny your claim. At some point during this investigation they will probably want to conduct an EUO (examination under oath). This is like a deposition except there are truly no rules to what they can ask about. I have represented clients in EUOs and they are mind numbingly boring events in which the insurance company lawyer is trying to bill as much time as they can by asking inane questions. The only reasons to have a lawyer at the EUO s to keep you from saying something that hurts your case and to show the other side that you are taking their actions seriously and will fight them to the end. If they do deny your claim your only option is to file a lawsuit for breach of contract at that point and you will need a lawyer for that. Welcome to the real world of insurance companies. It is not all about being in "Good Hands" or being a "Good neighbor." It is about the bottom line.

Answer Applies to: Oregon - Replied: 10/21/2011

Answered By: The Law Office of Harry E. Hudson, Jr.

Call now: (209) 463-9715

Hire an attorney. Ins. Co. is preparing to deny the claim and assert that you arranged theft of vehicle. Preserve all records of contacts with co. If you have not yet given a ststement under oath, do not without taking counsel with you. Period. Also, do not tak to cops when they show up.

Answer Applies to: California - Replied: 10/21/2011

Answered By: The Law Offices of Jason Chan

Call now: (508) 808-8902

You should get a lawyer. It is difficult to find out what your insurance is trying to do and talk to them about your situation yourself.

Answer Applies to: Massachusetts - Replied: 10/21/2011

Answered By: Adler Law Group, LLC

Call now: (860) 282-8686

It appears that your insurance company is exploring the possibility of a fraudulent claim by you. Yes you would be well served having an attorney look after your interests and to get you paid for your loss.

Answer Applies to: Connecticut - Replied: 10/21/2011

Answered By: Vincent J. Bernabei LLC

Call now: (503) 443-1177

You should be worried, very worried, whenever you are dealing with an insurance company. There is a reason that insurance companies own the biggest and best buildings in every major city in the United States, and it isn't because they liberally pay out on claims. You need to speak with an attorney.

Answer Applies to: Oregon - Replied: 10/21/2011

Answered By: Law Offices of Kenneth Wincorn P.C.

Call now: (214) 630-1221

You should get a lawyer. You may be a target for a criminal investigation.

Answer Applies to: Texas - Replied: 10/21/2011

Answered By: Shaw Law Firm

Call now: (425) 214-4946

Your friends are right. If your insurer is asking for bank statements, it is fishing for evidence of financial distress. They will shortly ask you to give an "examination under oath" where they will try to make it look like you had a reason to steal your own car. Get a lawyer right away. Most insurers use the same firm in Seattle for all of this work - Cole Wathen Lied. I have represented many people in your situation, and can say with little doubt that you are being set up. But I can also say with some confidence that you can fight this and win with help.

Answer Applies to: Washington - Replied: 10/21/2011

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

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