Is It Legal for Insurers to Hire Private Investigators? (2024)

The answer may depend on the state in which you live. Some states have laws that forbid insurers from using private investigators, while others allow it under certain circ*mstances. California law prohibits an insurance company from sending someone to secretly observe or photograph an insured person without their knowledge or consent (California Insurance Code, Section 2071). However, there are exceptions to this rule. The insurance company may be allowed to hire a private investigator to conduct surveillance on you if they suspect you are fraudulently claiming disability benefits.

What is the Purpose of a Private Investigator?

The purpose of the private investigator is to gather necessary information for the insurance company in regard to your claim. The investigator will typically take pictures of the accident scene, interview witnesses, and collect other evidence deem worthy, that can prove you were the at fault party.

As it is their profession, private detectives are well-versed in remaining hidden to gather as much intelligence on their targets as possible. As such, most accident victims may be unaware they are being observed until it is too late.

These investigators may do a lot of background research. They might look into:

  • Financial records–to see if you have a history of filing claims
  • Social media–to see if you have posted anything that could be used against you
  • Medical records–to see if you have any pre-existing conditions that could have contributed to the accident
  • Driving record–to see if you have any previous accidents or infractions

What You Can Do to Protect Yourself

If you have been in an car accident, there are several steps one must take to protect themselves from a hired private investigator. First, get the contact information of any witnesses to the accident. These witnesses can provide valuable objective testimony about what happened and who was at fault. Second, you should take pictures of the accident scene immediately after the accident occurs. These pictures can be used as evidence to support your claim. Third, consult with an experienced Los Angeles car accident lawyer who can use their expertise to help you navigate the insurance claim process and protect your rights.

Looking for Answers to Important Legal Questions? Contact an Experienced Accident Attorney in Los Angeles Today

Having a well-established personal injury law firm in your corner is in the best interest of your claim – and the best interest of your ongoing recovery. At Los Angeles City Law, our injury attorneys are committed to skillfully employing our wealth of experience in pursuit of your claim’s optimal outcome. There is no financial risk to you. For further information or to schedule an appointment please contact LA City Law at 866-522-4895 or visit www.LACityLaw.com to learn more.

Is It Legal for Insurers to Hire Private Investigators? (2024)

FAQs

Is It Legal for Insurers to Hire Private Investigators? ›

Can insurance companies legally hire or pay private

private
A private investigator (often abbreviated to PI and informally called a private eye), a private detective, or inquiry agent is a person who can be hired by individuals or groups to undertake investigatory law services.
https://en.wikipedia.org › wiki › Private_investigator
investigators (PIs) to investigate individuals who have filed injury claims from accidents? Yes. It is both legal and ethical. It is common.

Why would an insurance company hire a private investigator? ›

The purpose of the private investigator is to gather necessary information for the insurance company in regard to your claim. The investigator will typically take pictures of the accident scene, interview witnesses, and collect other evidence deem worthy, that can prove you were the at fault party.

Why do companies hire private investigators? ›

Hiring a private investigator can be a valuable investment for individuals and businesses who need to gather information and evidence in a confidential and professional manner. Whether it's for personal or professional reasons, a private investigator can provide a solution when other methods or resources have failed.

Is it ethical to hire a private investigator? ›

Although most private investigators operate ethically, there is always the potential for encountering unethical behavior. There are legal ramifications if you do not work with an agency that upholds a strong code of ethics and can provide references.

How often do insurance companies do surveillance? ›

Surveillance can be performed any time throughout the duration of your claim (or lawsuit, if you are involved in a lawsuit with the insurance company). There's no way to know for certain if or when you will be surveilled, but here are a few key points to be aware of: Surveillance usually occurs in 3-day stints.

Why is an insurance investigator calling me? ›

The fact that an investigator is involved suggests that the insurance company has concerns about your claim. Do Not Panic: Stay calm and collected. Panicking can lead to poor decisions. Seek Clarification: Do not hesitate to ask the investigator why they want to talk with you and what specific information they need.

What does it mean if a private investigator is looking for you? ›

Most often, this includes obtaining information on the whereabouts, identity, conduct or credibility of a person or company; conducting background searches; having someone followed to see if he or she is being deceitful, and more. What does a private investigator do?

Can a PI track your phone? ›

Private investigators work within legal limits to obtain information like phone records. Consent or a court order is usually required for a private investigator to access someone's phone records. The protection of personal information is a priority in the legal guidelines governing the access and use of phone records.

Why do police not like private investigators? ›

This is because PI's operate outside of the constraints of the law enforcement system (while still subject to the same state and/or federal laws that regulate all investigative activities which civilians can carry out) and can use unconventional methods to gather information.

What are the top three industries that employ private investigators? ›

Industry profile for Private Detectives and Investigators:
IndustryEmployment (1)Annual mean wage (2)
Local Government, excluding Schools and Hospitals (OEWS Designation)2,000$ 71,390
Management of Companies and Enterprises1,660$ 78,200
Legal Services1,300$ 75,960
2 more rows

Are private investigators legal in the US? ›

Yes, private investigators are legal in all states, but their licensing requirements may vary.

Should I hire a private investigator cheating? ›

If you firmly believe that your spouse's infidelity is a one-time occurrence and not indicative of a pattern, hiring a P.I. may not be warranted. However, it's crucial to consider whether you have sufficient evidence or if your assumption is based on trust alone.

How to find out who hired a private investigator? ›

Another way to identify if and who retained an investigator is by searching records for telltale payments: Subpoena and audit your suspect's bank accounts and credit card statements. Large PI agency fees may appear.

What is the first thing an insurer must investigate before taking on a claim? ›

Once a claim has been reported, the adjuster will begin the second step in the claims process: investigation. The first step in this process completed by the adjuster is to determine whether coverage is applicable to a loss. The methodology they use depends on whether the claim is first-party or third-party in nature.

How to avoid insurance surveillance? ›

Do not discuss your car accident or your injuries or post pictures that could be misconstrued on Facebook, Twitter, Instagram, or other sites. You should also only accept friend requests from family and friends. The insurance adjuster or detective could try to friend you so they can monitor your accounts more closely.

Can insurance investigators track your phone? ›

Insurance can track your phone logs for evidence if they have reason to believe you were distracted on the phone at the time of the accident.

What triggers an insurance investigation? ›

Insurance companies are more likely to investigate you when you file a large claim. Any large check that they write comes out of their profits. Therefore, they are looking for any way to escape paying for the damages their policyholder caused.

What to expect from insurance investigator? ›

In many cases, a claim investigator will ask to see documentary evidence related to the claim. For example, you might be asked to provide a police report, receipts, inventory records, invoices, and shipping records.

Why would you need a private investigator? ›

Private detectives and investigators offer many services for individuals, attorneys, and businesses. For example, they may perform background checks, investigate employees suspected of workplace theft, and prove or disprove infidelity in a divorce case.

Why would a private investigator show up? ›

It's important to understand that private investigators handle multiple cases and investigations. They may come to your house for various reasons, such as conducting interviews, gathering evidence, or serving legal documents.

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