Can I Get the Insurance Company's Recorded Statement?
by Paul (Thousand Oaks, CA)
I was struck by a car backing out of a parking lot and my right foot was pinned under the right rear tire. The insurance adjuster came to my house a week after this accident for a recorded statement. I've been passed on to a third adjuster and they want another statement.
This accident happened about a year ago. I asked for a copy of my original statement and they said no. Am I legally entitled to a copy of my recorded statement from the Insurance company? If so, can you tell me the legal code or reference the applicable law? Thank you. Thank You.
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ANSWER for "Can I Get the Insurance Company's Recorded Statement?":
Paul (Thousand Oaks, CA):
Regrettably you don’t have a legal right to have a copy of your recorded statement. Although the insurance companies are considered “public companies” because they have stockholders and trade their stock on the open market, they aren’t public companies in the governmental sense.
If they were a public governmental corporation you would have a right to get a copy of your record statement under the Freedom of Information Act.
There are two ways in which to get a copy of your recoded statement. The first would be asking them to voluntarily give it to you. You’ve tried that and it didn’t work. The second way would be to file a lawsuit and subpoena the statement. That will work.
You might ask the insurance company claims adjuster why she needs another recorded statement. If two wasn’t enough one would wonder why a third would be necessary.
You can also refuse to give another statement. There is no applicable law which says you have to give 3 recorded statements.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
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