Unfair Insurance Investigations

Yes. Insurers have a legitimate right—even a duty—to investigate claims. But investigation must be fair, thorough, and conducted in good faith. When investigation becomes one-sided, designed to find reasons to deny rather than fairly evaluate, it crosses into bad faith.

IME stands for 'Independent Medical Examination,' though it's usually neither independent nor unbiased. Your policy may require attendance. But you have rights: your attorney can attend, you can record the exam, and you can challenge biased findings. The examiner's history of defense-favorable opinions is discoverable in litigation.

Generally, yes—in public places. They can observe your activities, take photos, and record video when you have no reasonable expectation of privacy. But they can't trespass, harass you, or misrepresent surveillance findings. How they use surveillance footage matters—editing to create misleading impressions can be bad faith.

Fair investigation seeks truth; bad faith investigation seeks denial. Fair investigation considers all evidence; bad faith investigation cherry-picks. Fair investigation uses objective experts; bad faith investigation uses 'hired guns.' The purpose isn't to evaluate—it's to build a case against you.

Research the doctor. Many IME doctors make substantial income from defense examinations and rarely find in favor of claimants. If your examiner contradicts your treating physicians without adequate explanation, has a history of defense-favorable opinions, or spends minimal time examining you, bias is likely.

Yes. Insurers routinely search social media for photos or posts they can use to question your injuries. Even innocent photos can be misrepresented—a smile at a family gathering becomes 'evidence' you're not really in pain. Limit social media activity during your claim and avoid posting anything that could be taken out of context.

This is common bad faith evidence. Insurers may show only moments that appear normal while editing out evidence of pain or limitation. We subpoena full, unedited surveillance footage. Selectively edited video presented as the 'truth' is evidence of bad faith.

To the other driver's insurer, yes—you have no obligation. To your own insurer, your policy may require 'cooperation,' but you have rights. You can have an attorney present, request questions in writing, and decline to speculate. Don't give statements without understanding how they'll be used against you.

Don't confront investigators—just note what you observe. Document dates, times, vehicle descriptions, and any unusual activity. Tell your attorney. We can use discovery to obtain all surveillance materials and ensure footage isn't selectively edited to misrepresent your condition.

When we can show the investigation was designed to deny rather than evaluate—cherry-picked evidence, hired-gun experts, misleading surveillance—that proves the insurer wasn't acting in good faith. Their investigation file, obtainable in litigation, often reveals the bias they tried to hide.