Expert: Doctor Settlement - 6/5/2007

Question
My truck was stolen in march, and the insurance company denied my claim because of my recorded interview said i cross over Mexico Mexico almost every day but this is not truth i was tricked with all the question, their is a limited coverage that says there is "no coverage, infrequent trips into Mexico means less than 10 trips into Mexico during the Thirty(30) days period leading up to and including the actual date of loss.", my question is there a way being my self in the border to get some info of my cross and should you see it favorable to me to get to a court case and get this to a lawyer, i all ready took this in to the TDI (Texas department of insurance) and they told me to the civil courts because of my transcript of my statement, thanks and will help any advice similar cases or anything it will be in great will. hope to hear from you soon

Answer
Dear Eduardo,

You need to set the record straight with the company.  To do this, you will send a correction to your interview.

If seems to me that the VERY FIRST thing to do is to get PRINTED TRANSCRIPTS of your recorded interviews.  You need to request those in writing from the company.  Once you have those transcripts, then you can write to them to correct the misinformation that you gave in the recorded interview.  

It is not uncommon for someone to answer incorrectly during an interview, and this is especially true if there is some stress involved and the language is not the native language.  

DO EVERYTHING IN WRITING.  Once you have the transcripts, then make the corrections and send them to the insurance company and tell them that the interview purpose is to get to the TRUTH, NOT TO TRAP THE INSURED.  Tell them that the interview should not be like a closed book test in school and that a misunderstanding can be corrected.

To find an attorney who can help to draft letters at low cost, ask for the lawyer referral service wherein they give one hour for around $40.  The state bar association http://www.settlementcentral.com/links.php is the place to start looking.

So to summarize:
1. get the transcripts of your interviews
2. get a hold of a lawyer referral service attorney
3. write a correcting letter and request that the claim be reopened.

4. Only if they refuse to reopen, then file a lawsuit

5. As for other proof of how often you crossed over, I have no idea of how to produce evidence.  But one could try to get certified statements from witnesses on both sides who could provide accurate information.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.SettlementCentral.Com