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over a year ago my car was stolen....after intimidating interviews by ins co we dropped the claim. a year later (today) an insurance fraud officer comes to my door and asks about the stolen car again! we are still making payments on this car even tho it no longer exists!! the officer wants to speak to my husband in two days...what is going on? officer scared me said my husband could go to jail if we refuse to cooperate with them. can they 'prosecute' on a canceled claim??
Optional Information: State/Country relating to question: Utah
Yes, if they can prove there was insurance fraud, that fraud was committed when you filed the claim, even though you subsequently withdrew the claim. If there is no evidence that you committed fraud and you did not commit any fraud when you made the report, then you have nothing to worry about, but I would suggest that if there are any problems with the claim you made, you need to get an attorney to represent your husband when he speaks to the insurance investigator as is his right.
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i was out of the country when the car was stolen; my husband was the one who made the report. He gave the ins co the Examination Under Oath; officer told me that their were discrepancies that needed to be "cleared". He asked me for the car key (which i am still looking for since we moved since) and for records of my car payments. My husband is willing to speak to the officer, but the more I read about "insurance fraud" cases the more i question whether it is in my husbands best interest. what does your expertise recommend?
You need to contact an attorney to represent your husband in the interview with the investigator since they are still seeking to pursue this investigation. They typically do not continue such investigations unless they have some information that makes them still believe the report was fraudulent.
how much will and attorney cost us in a case such as this??? and why do they want the key??
They want the key to see if you still have it, since they may have some evidence upon examining the car that the ignition was not defeated. The attorney is going to charge you about $200 an hour.
the car has never been found.....so now what is it that they are trying to prove if there is NO car!? we cannot afford an attorney... : - (
If your husband did nothing wrong other than report the theft and the car was really stolen, then he has nothing to worry about. There is no law saying he must talk to the investigators and they have no legal authority to make him talk, if they have evidence that this is fraud then let them bring the case to the police or the DA's office, that is your husband's right, since they need actual evidence that the car was not really stolen.
Experience: Attorney experienced in commercial litigation.