Can another person's lawyer require me to take a statement under oath to release me from auto accident liability?

Asked about 1 year ago - Fort Worth, TX

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.

Thank you

Attorney answers (8)

  1. Gregory S. Baumgartner

    Pro

    Contributor Level 11

    9

    Lawyers agree

    Answered . 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-... more
  2. John Gus Zgourides

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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.

    An initial telephone consultation with me comes at no charge.

    John Zgourides
    (713) 876-7001
    www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  3. Adam Kielich

    Contributor Level 18

    5

    Lawyers agree

    Answered . Wait until the insurance company hires that insurance defense attorney for you.

  4. Jeffrey Mark Adams

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Wait for your lawyer

  6. Daryl L. Derryberry

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . 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

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more
  7. Brandy Michelle Austin

    Contributor Level 4

    1

    Lawyer agrees

    Answered . It's best to wait until you are represented by counsel.

    This is not intended to be legal advice. Please contact local counsel for advice specific to your case.
  8. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    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.

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