Is it legal for an insurance company require the insured to give a live statement despite a valid power of attorney?

Legal (General)

Hello. Due to my son's line of work he is not able to make himself available for another live discussion with his insurance company regarding a single car accident he had (swerved to avoid an animal). His car is totaled. He is giving me power of attorney to handle all things related to this claim. The insurance company said they will not honor the power of attorney unless they can speak with him live first. Is this legal? My son's work is confidential and he has no access to his phone during the day.

February 4, 2026

Barrister

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Yes, it would definitely be legal because you can't tell them what happened on behalf of your son. If he was the driver of the vehicle, then anything you told them would be hearsay. Since he is the insured on the policy, he is going to have to personally relate what happened to them so that they can document it in any claim for coverage. If he refuses to talk to them personally, that could end up with them denying the claim. And in every insurance policy I've ever read, there is a clause that states the insured agrees to give a personal account or statement if they are going to file a claim with the insurer.

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Lexi, Chatbot

I understand how frustrating this situation must be for you and your son. Can you please confirm if your son has already provided Progressive with a written power of attorney document?

He already did, but they did not accept it. They are asking for a different form which my son will sign and send to them tomorrow.

Lexi, Chatbot

Has your son attempted to communicate with the insurance company about his availability or the confidentiality of his work?

Yes. He is able to communicate via email. I have shared with them routinely that he holds a high security level job and he cannot take or make phone calls and only his father knows where he is or what he is doing. This is why he is giving me power of attorney to engage with them regarding his claim.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your power of attorney issue.

No, that's all.

Barrister

Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

Nice to meet you. Hoping you can help.

Barrister

But he already gave a statement. They just claim that they "lost" his statement. Then they said that they actually just need him to give a 2nd statement since the car is totaled and the total loss department needs their own statement. does this change anything?

Barrister

Not really. If they are claiming they lost the statement (which is kind of dubious) then they can request a new one. But the reality of it here is that they probably think there is something odd with the claim and they don't believe him so they want a 2nd statement to compare to the first to see if he changes any of the facts of the story.

Ok, does it matter that his statement is consistent with the police report and that they have a copy of the police report?

Barrister

Probably not because they are going to stick to their story that they lost his original statement and need a new one. And then if they don't match up, they will miraculously "find" the original statement to question him about if they think something squirrely is going on. And in his policy with the insurer, he would have agreed to comply with any information requests from the insurer about any claims as a condition of the insurer providing coverage. They don't like paying claims, so they will try to get out of it if they can if they feel something is off about a claim.

Ok, appreciate it. It's pretty straightforward - he swerved, overcorrected and left the road and hit a wall. He was not ticketed for anything either. Police report is pretty straightforward and backs up his statement too. So if he has to give a statement, it may not be until after he's off assignment which could be awhile. Is there a time limit that he is bound by? Or maybe he can give a statement late at night.

Barrister

They try to settle claims within 30 days, but it isn't mandatory. And if you/he tells the adjuster that he can only respond at XX o'clock due to his tight work schedule, then he has acted in good faith and made himself available. It is then up to the adjuster to reach out when your son can be available.

Ok, thanks. Provided he finds a way to give the statement again, are there other ways they would try to get out of paying the claim? Again it's pretty straightforward but to your point, I'm sure they will try whatever they can to not pay.

Barrister

No, that is pretty much all they do with claims that they aren't 100% positive on. Once he gives a second statement that is substantially similar to the first one that should be all that it takes to resolve the matter. You are very welcome. Did you have any other questions about this situation I can help with?

Ok, thank you very much. Nothing further needed.

Barrister

You are very welcome. Glad I could help. It was my pleasure to work with you and help with your question.

Barrister

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