Can an Insurance Company Hire a Private Investigator to Deny Your Accident Claim?  - Sand Law North Dakota
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Can an Insurance Company Hire a Private Investigator to Deny Your Accident Claim? 

25th June 2023

Yes, an insurance company can hire a private investigator to deny your accident claim. The investigator will work to gather evidence and information that the insurance company can use to keep you from obtaining compensation.

While not all insurance companies employ private investigators in every claim, they may resort to hiring one if they suspect fraud or if there are inconsistencies or doubts regarding the circumstances of the accident. Insurers are notorious for using questionable tactics, including dispatching an investigator to track your every move.

However, if you have a Sand Law attorney on your side, we’ll make the experience of being investigated as easy on you as possible. If the investigator’s report contains inaccuracies, we’ll gather the proof it takes to refute them. We won’t rest until we’ve done everything possible to help you get the money you have coming.

Schedule a free consultation by calling 701-609-1510 or contacting us online.

The Purpose of Hiring a Private Investigator

Insurance companies hire private investigators to uncover any evidence that may cast doubt on your accident claim. Insurance companies are responsible for assessing the validity of claims. They’re also responsible for ensuring that they’re not paying for fraudulent or exaggerated claims. By employing a private investigator, they aim to gather evidence the insurer could use to deny or reduce your claim.

The investigation conducted by a private investigator can encompass various aspects of the incident, including the cause of the accident, the extent of your injuries, your actions before and after the accident, and any potential pre-existing conditions. They may review accident reports, examine medical records, interview witnesses, and analyze other relevant documents to build a case against your claim.

The insurance company wants to ascertain whether the accident and resulting injuries align with the facts presented in your claim. They’ll sometimes try to find evidence to suggest that the accident was staged or that your injuries are exaggerated.

Can Insurance Companies Legally Hire Someone to Follow Me Around?

North Dakota law allows insurance companies to hire private investigators to conduct surveillance on individuals who have filed accident claims. However, the activities of private investigators must comply with state regulations governing privacy and surveillance practices.

The specific laws and restrictions surrounding the use of private investigators can vary from one jurisdiction to another, so it is crucial to consult the laws applicable in your jurisdiction to understand the limitations and rights involved.

Private investigators must adhere to ethical guidelines and legal boundaries while conducting their investigations. For example, they typically can’t engage in illegal activities, invade your privacy, or harass you. They must gather information through legal means to determine your claim’s accuracy and legitimacy.

What Can a Private Investigator Document?

Insurance company investigators can document your daily activities, actions, and behavior. They aim to collect evidence suggesting inconsistencies between your claimed injuries or limitations and your actual behavior or activities. By documenting these inconsistencies, the insurance company may argue that your injuries aren’t as severe as you claim. They may also argue that you’re engaging in activities that contradict your reported limitations.

During their investigation, private investigators may conduct surveillance by observing you in public places, recording your movements, taking photographs or videos, and even speaking with people in your social circle or contacting your healthcare providers. They may monitor your physical activities to identify discrepancies between your claimed injuries and observed abilities.

For example, suppose someone claims to have a severe back injury that limits mobility. The investigator documents them playing tennis or pushing a lawn mower across their yard. If that’s the case, the insurer can show the claimant’s injuries aren’t as debilitating as they suggest.

In addition, private investigators may gather information about your medical history or any previous accidents. The insurer can use this information to assess the validity of your current claim and determine if you have a pattern of fraudulent or exaggerated claims.

How to Protect Your Claim

If you’ve filed an accident claim with an insurance company, there are several steps you can take to protect it. Keeping the following in mind will protect you against not only an investigation but also the insurance adjuster’s efforts to defeat that claim.

  • Be honest and consistent: Provide accurate and consistent information throughout the claims process. The insurer will use any inconsistencies in your statements against you.
  • Seek medical treatment: If you’ve sustained injuries, seek timely medical treatment and follow your healthcare provider’s recommendations. This helps establish the severity and legitimacy of your injuries.
  • Document your injuries and recovery: Keep detailed records of your medical treatment, including medical reports, bills, and receipts. Take photographs of your injuries and document the progress of your recovery.
  • Limit social media presence: Be cautious about what you share on social media platforms. Insurance companies and private investigators often monitor social media accounts, looking for evidence contradicting your claim. Avoid posting photos or discussing activities the insurer could interpret as inconsistent with your reported injuries or limitations.
  • Contact an attorney: Talk to a motor vehicle accident attorney immediately. A skilled lawyer will tell you what to expect throughout the claims process, protect your rights, and help you deal with any insurance company investigations.

Contact Sand Law Today to Speak with a Motor Vehicle Accident Attorney

If you face an insurance company’s investigation or potential denial of your accident claim, seeking legal assistance is crucial. Contacting an experienced motor vehicle accident attorney, such as a lawyer with Sand Law, can provide you with expert guidance and advocacy throughout the claims process.

We’ll protect your rights, help you navigate complex legal procedures, and ensure that the insurance company always treats you fairly. We can also communicate with the insurer, handle interactions with the private investigator, and help gather evidence to support your claim.

Consulting with an attorney early in the process can increase your chances of a successful claim resolution. We can assess the strength of your case, advise you on the best course of action, and negotiate with the insurance company to pursue the maximum compensation you deserve.

Please don’t hesitate to schedule a free evaluation of your case by using our online form or calling Sand Law at 701-609-1510.