QuestionQUESTION: My car was stolen from a shopping center parking lot. I have a witness who saw my car prior and receipts from that afternoon. I supplied the insurance company everything they requested except for my cell phone call details. They are requiring this information? What do they do with this information? I do not have nothing to hide and am not trying to commit any fraud. I have read where they call everyone on the list. My insurance company rep told me they "never" call anyone on the list, they are just looking for incoming or outgoing calls at odd hours before and after the car was reported stolen. Is this true? When they get these records are they permitted to just call anyone and start questioning them? Can I request that they put to me in writing that they won't call anyone on this list without my permission?
ANSWER: Hello Kathy,
In my experience, when they ask for cell phone records, they suspect you might be involved. They use the records to see who you called and when. As an investigator myself, I have done this. However, I should add that I had good reason - based on solid investigation - that the cell phone records were material to the claim.
So, the short answer is, yes they can ask for your cell phone records. The longer answer is, the request should be based on a valid investigation, not on a fishing expedition. If you have nothing to hide, you should give them the records. Your insurance policy no doubt has a clause that requires you to cooperate. If you don't, they can deny your claim. This is not to say that the denial would necessarily be valid, but why deal with the hassle?
Your main concern is whether or not they will call people. In my opinion, that would be highly inappropriate and a violation of your privacy. If it would make you feel better, send them the records along with a letter that states that they need your permission before they start randomly calling people from your records.
Hopes this helps.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
---------- FOLLOW-UP ----------
QUESTION: Thank you for your quick response. Just a follow up: My cell phone provider doesn't bill me. The insurance company sent me a form to complete so they can obtain the records for two days prior and the day of the theft. I did request the insurance company send to me in writing what was reiterated to me over the phone and that when I received that I would fax the form to them. Is that appropriate? and yes, it is just a matter of my privacy. If I send form to them with my permission to request the records, could I just include a letter with that stating they need my permission to call anyone?
On another note, I was in the process of filing bankruptcy and at the time of my statement I did not know it was filed. I have since fully disclosed that information (the ins co asked for all these records prior to that). I fled as reaffirming the debt on my car and this is what currently stands in the court system. I would have no reason to be involved because if I wanted to get "rid" of the car, I would have just included that on my bankruptcy and then let the bank take it.
It's very stressful when you know you did nothing wrong but are made to feel like you did.
AnswerHello Kathy,
Here's what I suggest. Complete the form, sign it, and include the letter requesting that they not randomly call people on your records without your prior permission. You don't want to hold on to the form because they could use that to argue that you are not cooperating with them. Your policy requires you to cooperate, so you do not want to face a possible denial or further delay by breaking those terms.
I can tell you from my own experience as an investigator, that there is no need for them to call people. That would be improper anyway. What they are looking for - or should be looking for in a valid investigation - is who you called and when in relation to the theft.
Now I see the issue here - the bankruptcy. That is almost always considered a "red flag" when they are reviewing the claim. Not necessarily fair, but true. They assume you might be trying to enrich yourself by way of insurance fraud.
What you must do is to continue to cooperate. You might also be required to appear at a sworn statement - known as an Examination Under Oath or EUO. This is a formal statement taken in the presence of a court reporter. You must attend, or your claim will surely be denied.
Understand that they must have actual evidence to substantiate that you are involved. They cannot just deny your claim on a hunch or on false assumptions. That doesn't mean they won't - but that would be, in my opinion, bad faith claim handling.
Just cooperate, do what they ask, and expect that you should be paid for your loss. You don't mention if the car has been recovered.
Good luck
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
