Expert: Ron Cercone - 7/12/2009

Question
QUESTION: The other car insurance rep wants to get a statement recorded. Can I provide a written statement instead or the oral statement is required for the determination of the fault? Does the written statement have the same effect as the recorded statement? Thank you for your answer.

ANSWER: Written or recorded makes no difference, for its intended purposes here. However, if it's the other drivers insurance, you have no insurance contract or "duty to cooperate", so they can't deny your claim for "breach of contract". They can't make you give a recorded or written statement.

Now if you want to give a statement, make them agree to give you a copy. Or if you want to just write out a statement and hand it to them, do that. Keep in mind that the other drivers insurer is only obligated to "defend" their insured for damage they become "legally liable" for. Legally, they don't have to pay you until there is a court judgement in your favor. The only reason they do pay claims before litigation is to avoid the cost of litigation.

---------- FOLLOW-UP ----------

QUESTION: I filed with my own insurance. Will my insurance file a claim of arbitration if the other car insurance does not admit their client fault? Thanks.

Answer
Regarding "arbitration", I don't know. Ask your insurance adjuster. I don't know if arbitration is required in your state.

I doubt that your policy says you have to give a written or recorded statement to your own insurer. However if your case goes to court or arbitration and your insurer is defending you, and you lose, then you will have no recourse against your insurer if they lost because of information you failed to give them. So it's up to you, in my opinion. You should check this out with a lawyer.