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

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

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Attorney answers 8

Posted

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

Posted

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.

John Gus Zgourides

John Gus Zgourides

Posted

I suggest that you meet with the insurance company's lawyer after discussing the matter with your own personal counsel. You should consider having your personal attorney present when you meet with the insurance company's lawyer. This may be accomplished by conference call rather than face-to-face meetings. John Zgourides (713) 876-7001 www.zgourides.com

Posted

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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Posted

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

John Gus Zgourides

John Gus Zgourides

Posted

I agree with Mr. Kielich that it would be cost-effective to wait until the insurer assigns counsel. However, when a liability insurer retains a lawyer to present its insured for such a sworn statement, the insured should demand a clear written indication from the insurer's retained lawyer that the lawyer is serving as counsel for the insured and not for the insurer. Some insurance defense lawyers retained in this capacity believe they represent the insurer unless they file an answer to a lawsuit against the insured. Although I believe those lawyers are wrong about where their allegiances are owed, this is why I believe the insured needs personal counsel. Giving a sworn statement about net worth is serious business. John Zgourides (713) 876-7001 www.zgourides.com

Posted

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.

Posted

Wait for your lawyer

Posted

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. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.

Posted

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.