You slipped and fell fracturing your arm. Accidents, injuries, and breaches in civil laws occur every day, everywhere. Claims for and against individuals and businesses know no time or place of occurrence. Accidents can occur at home using a defective appliance, out for a walk on a public street, or traveling abroad on a business trip. Insurance claims share two common identities; it takes at least two parties, and an injury (physical, economic or both) to become a claim. Note, a claim does not immediately become a lawsuit. More about that later.
This blog will discuss how to manage a claim from both the perspective of the injured party, often referred to as the claimant /plaintiff and the responsible party or defendant. Each identity comes with its own set of responsibilities and requirements and all are time sensitive. Here are some of the basics.
If you’re a claimant, you will need to address the following:
- Policy Details: Understand the terms and coverage of your insurance policy.
- Documentation: Keep records of all relevant documents such as the incident report, medical bills (if it’s a health insurance claim), repair estimates, and any correspondence with the insurance company.
- Timelines: Be aware of deadlines for filing claims and providing requested information.
- Negotiation: Be prepared to negotiate with the insurance company for a fair settlement.
- Legal Assistance: Consider seeking legal advice if the claim is complex or if you encounter difficulties in the process
If you’re a defendant, you will need to consider the following:
- Policy Review: Understand the coverage and limits of your insurance policy.
- Communication: Cooperate with your insurance company and provide all requested information promptly
- Legal Representation: Depending on the nature of the claim, you may want to consult with legal counsel to protect your company and personal interests.
- Documentation: Keep records of all communication and documentation related to the claim.
- Settlement: Work with your insurance company to reach a fair settlement if liability is established.
What we Can Do for Claimants/Plaintiffs
As private investigators we often get requests to assist an injured party with their claim. These requests often come from an attorney once a claimant becomes a plaintiff after a lawsuit has been filed. This may require reconstructing accident scenes, locating witnesses, obtaining surveillance videotapes, or retrieving important public records from various municipal agencies. Our role is crucial in gathering evidence and information to help support a plaintiff’s case. At Integrated Security Services our seasoned investigative staff is trained to assess liability to help determine who may be at fault for your accident. This may involve conducting written or recorded interviews, reviewing available surveillance footage, or collecting and examining physical evidence from the accident scene to support your claim.
Additionally, claims are complex and often where there is one claim there may be other claims and lawsuits. The staff at Integrated Security Services have the resources necessary to conduct in depth background checks and litigation history searches. Investigating the background of involved parties, including witnesses and business entities, can help uncover a pattern and/or history of negligence, violations, law suits or relevant information that could impeach the defendant’s credibility and have a favorable impact on your claim. Lastly, most trained investigators collaborate with legal professionals particularly attorneys that specialize in personal injury cases, to ensure that their investigation aligns with legal requirements and strategies for maximizing the claim’s success. A plaintiff’s attorney will typically be responsible for establishing the budget for any investigative services. Selecting the right attorney and in turn, the right private investigator, can significantly contribute to assisting an injured party with their claim and helping them seek the compensation they deserve.
How We Help Defendants
As private investigators trained in insurance claims investigations, we will ensure that all relevant post-accident tasks are performed professionally, in a timely manner, and most importantly our investigators are prepared to testify in open court about the facts. Overall, private investigators play a critical role in helping insurance companies and defense attorneys assess the validity of claims, detect fraud, and defend against unwarranted or exaggerated claims, ultimately contributing to the fair and accurate resolution of insurance disputes. At Integrated Security Services our goal as investigators is to assist with the defense of a claim by conducting thorough investigations that uncover evidence which can be used to refute the legitimacy of a claim and claimant.
A basic tool used by private investigators to help build a defense to an injury claim is surveillance. Surveillance can serve to monitor the activities of the claimant to determine if their actions align with their reported injuries or damages. This can involve observing the claimant’s daily activities, interactions, lifestyle, and physical capabilities. While surveillance can be costly and labor intensive, our investigators also have access to proprietary databases that can enhance the outcome of a surveillance and reduce wasted time and expenses for our clients. With access to advanced technology, we can also take a deep dive into a claimants online social media to establish lifestyle profiles that are often inconsistent with long term disability claims.
With extensive insurance claim investigative experience, our seasoned investigative staff is trained on the rules and laws associated with privacy. Even the slightest abuse of a claimants right to privacy can result in severe civil penalties and/or a criminal complaint against the defendant or their insurance carrier.
Discussion
If there are no professional conflicts, a private investigator’s services can be retained on by either side of a claim. Before retaining a private investigator, it is wise to seek out professional legal advice to help guide you through what will amount to a long-term commitment to managing your claim. Investigators must not only be licensed and bonded as private investigators, but should also have extensive experience in insurance claims investigations to get the best results.
Lastly, if a claim is not settled before trial, it is likely your investigator will be called as your expert witness. Private investigators often provide expert testimony in court to present their findings and conclusions based on their investigation, therefore an investigator’s demeanor and professional appearance become very important. The staff at Integrated Security Services have over 40 years of insurance claims investigative experience. We are always available for a free 30-minute consultation and can also assist with legal representation referrals if needed. Feel free to contact us at (888) 808-9119 or visit our website at www.intesecurity.com.
