If an insured refuses to give a statement about an accident, can an insurance company refuse to pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an insured refuses to give a statement about an accident, can an insurance company refuse to pay?
I was hit by a truck while I was not moving. Police witnessed the event but left the scene when they saw us exchange information. I made a claim with the driver’s insurance. The accident was confirmed by the driver who is now refusing to call the adjuster and give an additional statement. The adjuster says that if the driver won’t give a statement they will not pay for repairs, stating insufficient proof. Can they do that?
Asked on March 14, 2011 under Accident Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
They may be able to do this. An insurance policy is a contract; parties to the contract (the insurer and the insured) have to both honor its terms. So if the policy provides--as I believe is common--that the insured driver must cooperate with the insurer and he or she refuses to do, that would be a breach of the contract that would very likely (depending on the exact terms) allow the insurance company to disclaim its obligations to the driver.
Of course, you can still sue the driver directly; insurance provides a method of payment, and helps make sure that people are paid even if the wrongdoer is insovlent; but there is no law saying only those with insurance may be sued. So if you think this driver was at fault and may have money or assets, you may sue him; if he was employed by someone else and on the job at the time (e.g. he was a driver making a delivery for the company), you may be able to sue his employer, too.
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.