Legal Question in Insurance Law in Massachusetts

my car was stolen on September 11, 2010 from a Dunkin Donuts parking lot. The car was recoverred a short time later/ after it had been involved in an accident hitting two parked cars. The driver got out of the car and ran. The car was registered and insured to me. My son listed as primary driver. My son called me at 7:30 a.m. to tell me that the car was stolen. He told me that he called 911 to report the stolen vehicle. About two hours after my son called me, the State Police from the Medford MA barracks called me and left a message (which I saved) telling me that they needed to talk to me about the "charges I would be facing for allowing my son to drive the vehicle." I returned the phone call to the State police and spoke to an officer (Kane) who told me that I was facing charges and that they had witnesses to the accident stating that they identified my son as the driver of the car. The police officer told me that they (the police) showed witnesses pictures that my son had in the car of my son and his two year old daughter. My son lost his license sometime over the summer for non-payment of tickets. In August, he was arrested for driving without a license and the car was impounded. I picked up the car and took the car to my house. The car remained at my house until Labor Day weekend when I allowed a friend of my son's to drive my son to a friend's house. I did not give permission to my son to drive the vehicle. They drove the car to a friend's house and then on the day of the accident (or auto theft) another friend of my son's drove my son to the Dunkin Donuts while on the way to my son's place of employment. My son never made it to work that day after the car was stolen. I saw my son within two hours of the auto theft/accident. He did not have any scratches or bruises. I viewed the car and it was very badly damaged. Both air bags were deployed. The windshield was broken and the driver's door was smashed in. Anyway, the state police continue to claim that my son was the driver of the car. They have not pursued criminal charges or arrested him. However, they called my son after they spoke with me on the morning of the accident and threatened to charge him with operating without a license, leaving the scene of an accident and identity theft. Apparently, they found "identity" items belonging to another person inside the vehicle when it was recovered.

On the morning of the accident, I called Commerce Insurance and reported the theft. About a week or so later, I was notified that the claim was referred to Commerce insurance Special Investigations.

I then received a telephone call from the Special Investigator and met with him. He took a recorded statement from me. Another special investigator met with my son. However, my son refused to provide a recorded statement. Commerce Insurance is now stating that they will deny the claim because my son is not willing to provide a recorded statement. He provided a verbal statement, but is refusing to submit to a recorded statement.

Yesterday, the state police officer (Kane) called my son and accused him of not cooperating with the special investigator from Commerce Ins. The police officer wants to meet with my son on Saturday 10/30/10 to get a statement from him for their investigation regarding the auto theft.

1. Can the insurance co deny paying the claim if my son refuses to do a recorded statement?

2. Does my son have to go to the police station to provide statements regarding the auto theft. Especially since they have already told him that he is suspected of being the driver of the vehicle. The state police told both my son and myself that they don't believe that the vehicle was stolen.

Any feedback is appreciated.

Lois M. Sestito

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