I was in an auto accident and found to be at fault. I am underinsured from the accident with limits of 30/60/25 that will not be enough to cover the other persons medical injuries. The other person's attorney has told my insurance agent that they will not release me from liability without a statement under oath about the events prior to the accident. Can the other person's lawyer require me to make a statement under oath without taking me to court? My insurance representative has told me they are going to hire me a lawyer.
I thought a statement under oath was usually required from your own personal insurance company when fraud is suspected.
Personal Injury Lawyer
You should retain an attorney to represent you and see you through this predicament. Good luck.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
Meet with the attorney your insurance company hires for you and discuss the matter.
This answer is intended to be general in nature and not specific as to any person or fact situation. No attorney-client relationship exists for those reading this answer and readers should contact an attorney of their choosing for legal advice on their specific situation.
Personal Injury Lawyer
It sounds like the plaintiff's attorney wants to make sure that you do not have other insurance, other non-exempt assets, or were in the course of employment or some mission for another. The plaintiff's lawyer is doung his due diligence.
It sounds like you have not yet been sued. I expect that you would be told by a personal attorney that you are not required to submit for this examination, but that it might be wise for you to do so. I don't know enough about your circumstances. If the plaintiff's damages potentially exceed your policy limits, you need personal counsel. Any lawyer that the insurance company hires to present you for such a statement could have conflicting allegiances.
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Employment / Labor Attorney
Wait until the insurance company hires that insurance defense attorney for you.
At this juncture, without a suit being filed, the attorney has no legal authority to take your sworn testimony. I suggest you continue to cooperate with your insurance company and have them follow through with appointing you an attorney to represent your interests in this matter.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
This ans. does not create an attorney/client relationship.
Wait for your lawyer
You need to meet with the attorney your insurance company hires for you and have him explain all of these issues with you. Good luck. www.urhurt.com
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