Illegal Release of Phone Transcript by an Insurance Company

[DoubleEagle]

My question involves insurance law for the state of: California

I was involved in a car accident in which it was the other drivers fault. I contacted the drivers insurance company (Mercury) and gave them all the information of the incident, which was recorded. My insurance company, tried to contact the driver for his statement, but he refused to talk to them. My insurance company contacted Mercury and all they said was we are siding with our client. No other information.

We ended up in small claims (I was the plaintiff sueing the driver). Each party had to show what information/evidence they had. The defendant handed us the transcript of my conversation with Mercury Insurance. Mercury Insurance representative was also at the court. We lost the case on a technicality. We are refiling small claims.

I spoke with my insurance company and asked them how can I get a transcript of the defendants (Mercury's client) statement, since they released my statement to their client. My insurance company informed me that Mercury illegally released my transcript without my permission. I was told that I am entitled to some type of privacy protection. I was never contacted by Mercury for approval of release.

What legal recourse do I have against Mercury for improper actions?

[Mr. Knowitall]

You voluntarily made a statement to the other party's insurance company, and have not indicated that you believed that the statement was confidential. Please identify the law that you, or the person you spoke with, believes would make it unlawful for the insurance company to provide a copy of your statement to its insured.

[DoubleEagle]

Thank you for your response. I will be talking to my insurance company and the defendants insurance company to get further clarification on this matter. I hope to post their replies soon....

[DoubleEagle]

Here's the skinny right from the California Dept. of Insurance:

"Thank you for your inquiry to the California Department of Insurance regarding information given to the policyholder by Mercury Insurance Company. When the insured notifies the insurer that they have called into a court of law, albeit small claims court or a civil court, the insurance company has the right to assist the policyholder in the matter. All information gathered by the insurer, including statements from the claimant, your wife’s statement, the insurer will supply the policyholder with any information they feel will help defend their insured. It’s in the language of the auto policy, “we will defend our insured”. In this case it is legal for them to give information to the insured that they feel will help them in the legal procedure. You are not entitled to anything out of the claims file of Mercury as that is considered proprietary” information and bellows to Mercury. That does not preclude them from giving assistance to their insured"

Case closed....