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 Posted: Fri Oct 09, 2009 6:32 pm Post subject: Deposition |
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My property was insured by Allstate and had terrible storm damage, which I filed a claim for.
Allstate Lawyer responded weeks later asking for information ( that I had already submitted) AND asking me to come to come to their office, about 5 states away, for a deosition The case has not gone to Court.
My question is what is the reality? Are they trying to bury me in paperwork so I will 'go away'? Are they trying to trap me in a deposition into saying things that will support them not paying me? Or worse?
Should I refuse to travel this long distatnce and ask them to come to my city? Should I refuse the request? Should I hire an Insurance Adjuster or a Lawyer? Please help.
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nealkluge
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| Posted: Sat Oct 10, 2009 7:28 am Post subject: |
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First of all, I didn't get this idea of traveling so far to get property insurance. Don't you have any property insurance carrier in your city?
I guess you had a word with the Allstate claims adjuster. I don't think you could guess anything sitting at home, when it was you who'd chosen such a distant carrier. You'd need to know what other information they're looking for. Did you ask your adjuster regarding this?
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anonymous00
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| Posted: Sat Oct 10, 2009 3:07 pm Post subject: |
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a Deposition is given in response to a court filed Complaint (lawsuit). I think what they want to do is have you give an Examination under Oath. This is usually done when a company suspects some type of fraud. They usually also ask you to bring in paperwork to support your claim. An EuO can last several hours and they won't hold back on the questions. You will probably find some of them very offensive.
If any part of your claim is fraudulent then you may want to let them know up front. If you completed a Proof of Loss form and any part of it was fraudulent many states will allow the insurance company to deny the entire claim (some won't).
Are they paying for you to get to this EuO? It being states away is an unnecessary burden on you if they are not. I'd call your adjuster and let them know this. I see no reason why they cannot find an attorney in your state and within an couple of hours to give the EuO. |
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tcope
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| Posted: Sat Oct 10, 2009 3:23 pm Post subject: |
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As well, if the lawyers are "5 states away" they should be able to do a telephone deposition. Perfectly legal and binding if done correctly. Has this been suggested as an alternative?
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InsTeacher
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| Posted: Sun Oct 11, 2009 1:55 am Post subject: |
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| Yeah I don't see why they don't do it over the phone. Unless they require it in person. My brother had to give a depo out of state in person, and they paid for his travel, special circumstances of course lol. |
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Trench
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| Posted: Sun Oct 11, 2009 2:00 am Post subject: |
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I think the OP is confused in that it's not a Depo. For an EuO, the OP could go into a local attorneys office that the insurance company chooses and give do it over the phone from there. It can be difficult as usually the attorney will want to go over any documents that are requested.
I've never heard of an insurance company asking someone to travel 5 states away for anything. |
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tcope
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| Posted: Sun Oct 11, 2009 12:56 pm Post subject: |
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| Quote: | | I've never heard of an insurance company asking someone to travel 5 states away for anything. |
I agree this CANNOT be required without the offer of expense reimbursement. Unless the loss occured in this state (five states away), I can't imagine the reason for this. Now if that's the case, then they most certainly (i would think) could request this.
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