Legal Question in Insurance Law in California

auto-vandelism

I was talking the insurance claim attorney (insurance company) who requested I provide phone records, W-2, bank statements, list of address for 5 years, pictures of what my jeep look like before, and they want me to fill out a California affidavit of vechile vandalism and sign Vechicle transfer and reassignment form. They are doing an investigation. I was out on some backroads and my axles started to make some noise, so I parked it on a turn out of the way. This was about 11pm. I came back the next day to take my jeep into the dealer and when I returned the jeep was down the cliff, I had parked next to. My question is are they entiltled to the above listed at the EUO? Should I get a laywer? should I wait to have them have a court of law ask for my documents. AM I required to provide the documents by law, or are they required to go through the law system and subopena them. I have already given them warrenty papers on my jeep and a copy of my 2005 w-2 forms.


Asked on 3/06/06, 6:19 pm

3 Answers from Attorneys

ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: auto-vandelism

You have a duty to cooperate with their investigation. Later they may even depose you. The insurance companies will look at every angel to deny your claim so don't give them any excuses.I represented a client with your situation and went through 4 sessions of depositions and the requested documents were outragous. You need a lawyer to prepare you for the depo and responses to demad for production of documents.

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Answered on 3/10/06, 4:41 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: auto-vandelism

The short answer is, get a lawyer to advise you. Usually, is say they have no right to all of the private records. They want to show that you set it up because 1) you were having financial difficulties and wanted insurance money; 2) you might have had others working on it with you; 3) you called someone at a location from where you said you weren't, etc. They're going to look for any excuse to deny coverage. If they're doing an EUO, that's the inevitable outcome. Though you have a duty to cooperate, I believe they're showing bad faith by asking for all that stuff. Another attorney might feel differently, however.

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Answered on 3/09/06, 8:35 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: auto-vandelism

I mostly agree with Mr. Cohen. First, the agreement. Get an attorney. You do not want to do this yourself. I am a former insurance adjuster and referred somewhere between 100 and 200 claims for EUO. Sitting here right now, I can think of 1 claim that was paid. The odds are against you.

Second, they are entitled to an awful lot of documents. They are looking for a document that catches you in a lie. You should provide all of these documents to an attorney to review. But, if you decide to do this by yourself, then err on the side of giving them too much and not enough. You do not want them to deny the claim based on your failure to produce documents.

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Answered on 3/09/06, 9:39 pm


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