QuestionMy husband and I had barely moved into our home when his car was vandalized (someone scratched his whole car), the window broken and items such as stereos and decks missing from his car. We called the police right away and our neighbor even came out as a witness to say he witnessed the whole thing. It was tough dealing with the insurance company because some of the items were in the car however it was not yet installed. The insurance company refused to pay for those items even though we had receipts. After 90 days of cat and mouse chase between us and the adjuster, we finally got our check. All it paid for was the vandalism to the car, the window and a plain cd deck. We felt that it was better to get at least something so that we could finally fix the car and drive it.
Well, Today, a criminal investigator from the state of california shows up at my door flashing his police badge at me requesting to speak to my husband regarding his claim 2 and a half years ago. We are law-abidding people and we have never been in trouble with the law before. It inferiates me that he seems to belittle me when I asked him what the problem was. Also, I felt that if it was a concern, why did they wait 2 and a half years later to come and ask us questions. The case is already closed and done with. When I asked him what the problem was he asked me if I was the wife and I said yes. He then told me that he wanted to ask my husband questions about the stereos in his car that was on the claim. I told him, we faxed everything to the insurance company already, plus they didn't even pay for some of those items. I stressed to him again that the insurance company only paid for the paint job, the window and the tape deck. Nothing else. He wants us to go into his office to meet with him and take down statements again.
What I want to know is, is this legit? What is the time frame that they have when they pay out the money. If it was suspicious, don't most insurance companies deny the claims due to fraud. Why did they wait 2 and a half years later to try to press us for fraud? Thank you.
AnswerHi Dee,
Quiet honestly, I am as confused as you. I first read your question 45 minutes ago. I have spent the last 45 minutes on line studying California Insurance Fraud Laws, and can't find out what are the statue of limitations for insurance, with no luck. To the best of my memory, it's 3 years, but I couldn't find proof positive.
In my 47 years of being a licensed Property/Casualty Agent/Broker, I have never seen nor heard of such a case being brought 2 1/2 years later.
Anytime we suspected an individual claim to be fraudulent,we were usually able to gather sufficient proof within 30 days.
At times when we were investigating an ongoing fraud 'ring' that involved lots of individuals, Doctors, Chiropractors and Attorneys, that type of investigation would take years.
All I can assume at this moment is that this is some kind of a nightmare mistake or they have recovered some of the itemsyou initially claimed but were not paid for (rightly so, because your auto policy only covers the vehicle and items attached to it, never other personal items left in the car, with the exception that there is usually $50 coverage for tapes or CD's) and they want to discuss this with your husband. Sometimes you have to deal with a big bold jerk who just loves to flash his badge to intimidate you.
If this really is a serious matter (I can't imagine how) and he reads you your "Marinda Rights", or tells you that he is taking your statement under penalty of perjury, then you are really in the 'Nightmare Zone'. I reccomend that you immediately stop the interview and tell him that you will arrange a new appointment after you secure an Attorney.
Then go secure an Attorney whose specality is Insurance Fraud or just Fraud.
I'm struggling on this one just like you are. I do hope that I have been of some help. Please keep me posted on this one, I'm hooked now and must now what's happening.
Sincerely,
Bennie
San Francisco Bay Area 10-23-07 10:16 PM PST
