Auto Insurance Claims: my own insurance is going after me!, own insurance, insurer


Question
ok so an insurance person from my own insurance knocked on my door the other day, let me just say that he showed me no id and no paperwork so at the time I didn't know what was going on, so this guy claims that a hit and run was reported with my vehicle and that he had already(without my consent or knowledge) taken pictures and measurements of my car. I was absolutely not in a hit and run and i have letters prooving where i was all day so they cant put me in the place the others claim this happened. so far all i know is that supposedly there are 3 witnesses that saw my car, then again i have more witnesses on my side saying where i was. my question is can i sue my own insurance for not representing me correctly? they have not shown me any paper work, i don't even know what is being said or anything, they haven't contacted me either, the only thing i got was a letter saying i have to show up to their offices to swear under oath about this claim! which i don't even know anything about! i can't show up to that meeting because i have class and work that day, and i'm just wondering whether i should get a lawyer involved! i mean my own insurance is treating me like a criminal! and i don't know what to do! can i get surveillance pictures from that parking lot or the street lights near it to prove i wasn't there? or can my insurance get that information? i have called the claims manager and left messages hat i want to speak to him for the way my claim has been handled because in the first place i believe i have a right to see the paperwork and know whats going on!? but i haven't gotten any call back from the manager or even the guy handling my claim. is this person allowed to show up at my house without even contacting me? to me it sound like this is a scam! i can't believe what's happening!

Answer
The insurer has a responsibiliy to investigate all claims that are presented.  Someone accused you of a hit and run, so they must investigate this.  Normally they would all you first, take your statement over the phone, and then ask your permission to inspect your vehicle and take photos.  if there is any damage, they then compare it to the dame on the other car.  They also investigate in other ways - like checking to see if there is any surveillance video and taling to witnesses.

It seems very odd to me they would show up without contacting you first.  Are you sure they did not send you letters and try to call you first?  Sending someone out to the home is normally a last resort when the insured does not call us back.

Inspecting your vehicle on a public road or parking lot is not against the law.  But if they trespassed, that would be a problem.

Also, the statement under oath provision is something that is rarely enforced.  Normally insurers only enforce this if the insured is not cooperating  with the investigation or not responding.  So if you have not been cooperating, I strongly suggest you start doing so now.  If you have been, then you can complain to your state insurance department, as their behavior seems very odd.