QuestionMy car was stolen from my home in January. The keys, which was very irresponsible on our part, were left in the car. We were running late that day and got something out of the car at the last minute. My insurance company and the GAP insurance company both paid their parts of the claim quickly without incident. The ETCH claim has not yet been processed. An investigator is asking for personal information such as bank statements, mortgage statements, bills, daycare bills, past vehicle information, etc. She told my dealer that she needs this information because she thinks I am living above my means and that the claim may be fraudulant. He told me that she has no legal right to this information based upon the documents they have from the company. Does she have a legal right to this information, and why would she think the claim is fraudulant?
Answer Dear Anna,
In my opinion, ETCH a waste of money. I would recommend against purchasing it in the future.
If your first two carriers paid the claim, let's assume they conducted an investigation. The ETCH carrier can't work with them! Of course she can. Which leads me to my second opinion - the etch carrier appears to me to be looking for a means to deny your claim.
It is highly improper for an adjuster or an investigator to reveal the details that she has to the dealer. If it were me, I would make a formal complaint with the claims manager and the SIU (Special Investigations)manager if she is an investigator.
ALL claims investigations must be conducted fairly and impartially. No exceptions. To do otherwise is a violation of Fair Claims laws in most states. If she has a valid reason to ask for all of this information, so be it. If she does not, her behavior is highly improper and unethical.
Can she demand that you turn over the data? Yes, if your policy allows her to do that, which it probably does. What will happen to you? The claim will probably be denied. Expect them to set you for an Examination Under Oath (EUO) to make that denial more "solid". If you choose not to attend the EUO, your claim will be denied for sure.
Is the payment on the ETCH claim worth the privacy invasion? Your choice.
My best advice is to learn how to be proactive in your claim. For specific advice, I suggest go to my website where I have articles that explain what is happening to you and how you can attempt to combat an unfair claims investigation. That website is http://SolutionsForYourInsuranceClaim.com
Hope this helps. Good luck!
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
