Insurance company trying to decline claim

by Ashley
(Texas)

To make long story short, my car was stolen and involved in a hit and run and car was totaled.

The police suspect my husband or a family member was involved ( husbands wallet and cell was in car along with a spare key ) and know signs of force entry was found , the police have not filed charges against any one but insurance is saying they will deny claim and not pay for car and is asking for cell phone records for me and husband.

My question is can they do this without the police charging anyone yet and its looking like they may not charge anyone at this point or in the future.

Do I have to give them my phone records, I have been very corporative to the point were the insurance is being very rude and aggressive to try to make me say I know who it was. How can I get help for this (the insurance part ) and what is the process and I live in Texas if that makes a difference.

Thank you


Answer:


Hello Ashley,


I am sorry to hear about your situation. You do have an affirmative duty to cooperate with the investigation. Please see:

http://www.auto-insurance-claim-advice.com/Duty-to-Cooperate.html

However, if you think something is not correct or they are "accusing" you, then you really need a lawyer. They can ask for all the documents they want, but if you think they are simply asking for documents without any real explanation or simply are trying to not pay for a claim they owe for, you need to have representation for that.

Can they do it? Yes, what can exactly do? That's a matter of state law and why you need a Texas lawyer to help you with that.

Good Luck,
Auto Insurance Claim Advice