What are my options legally if the SIU of my car insurance company wants to sit down with me for a recorded statement?

UPDATED: Oct 1, 2022

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What are my options legally if the SIU of my car insurance company wants to sit down with me for a recorded statement?

I live in GA and I experienced an auto theft last month. The vehicle has not

been recovered and my auto insurance deemed it a total loss. They were going through the evaluation process and then we got a phone call stating my claim was turned over to the SIU team. I received a phone call from the investigator seeking to have a sit down with me for a recorded statement. Am I legally required to have a statement recorded? Do I need an attorney present What options do I have to speed the claims process up as this matter has been ongoing for over 30 days?

Asked on July 6, 2018 under Insurance Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Do you have to sit down with or give a statement to the SIU team? No, but then the insurer will NOT grant your claim. The insurer has a right to investigate claims, to see if it is valid: if the insured does not cooperate, the insurer can deny the claim. If you were then to try to sue the insurer for "breach of contract" for not paying your claim when you believe the policy (which is a contract) requires them to, the will be able to take your statement under oath in the case and also request supporting documents (e.g. bank account or charge card statements, etc. to show your finances)--if you wish to pursue your claim, you *will* end up talking to them, either out of court or during litigation. 
Clearly, the insurer believes there is some reason to think you are submitted a fraudulent claim--perhaps that you allowed or helped or hired someone to take your car, because you wanted the insurance payment, were being paid for it (e.g. someone,like a chop shop, bought the car for cash and you then put in a claim for it), and/or wanted to get out of your payments for the car. They are allowed to investigate if that happened.
The only way to speed up the claim would be to cooperate; as stated, otherwise they can simply deny it due to your noncooperation.
If you did in *any* way partipate in or cause the theft, or lie to the insurer in anyway, do not give them a recorded statement--it can later be used against you. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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