Are insurance investigations discoverable?

Asked by: Giovanni Medhurst  |  Last update: October 7, 2025
Score: 5/5 (3 votes)

Consequently, documents prepared in the ordinary course of an insurance company's investigation to determine whether to accept or reject coverage and to evaluate the extent of a claimant's loss are not privileged, and, therefore, discoverable.

Are insurance claims files discoverable?

California Courts have recognized for years that insurance claims manuals are discoverable and admissible at trial. (See, e.g., Glenfed Development Corp v. Superior Court (1997) 53 Cal.

Can insurance companies see your insurance history?

Yes. There are specialty consumer reporting agencies that collect and report information about the insurance claims you have made on your property and casualty insurance policies, such as your homeowners and auto policies. They may also collect and report on your driving record.

Are insurance policies discoverable?

California law expressly provides for discovery of information about the evidence and contents of any insurance agreement under which a carrier may be liable to satisfy all or part of a potential judgement or to indemnify or reimburse payments made to satisfy the judgment.

What triggers an insurance investigation?

Inconsistencies and delayed claims can trigger alarm bells, leading the insurance company to closely scrutinize the legitimacy of your case. The duration of your recovery is not only critical for calculating the compensation but also for evaluating the credibility of your claim.

Uncovering How Insurance Companies REALLY Investigate Claims | Private Investigator Training Video

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How long can insurance take to investigate?

Most insurance companies are typically given between 15 to 90 days to investigate a claim and accept or deny it, depending on the specific state regulations, the type of the claim, and the case's complexity. For instance: Straightforward property damage claims may be resolved more quickly.

Can insurance companies see police reports?

Car insurance companies check police records through a systematic process that involves collaboration with law enforcement agencies. When an individual applies for or renews their car insurance, the insurer typically requests permission to access their driving record, which includes information from police records.

What is considered discoverable?

Once a party properly conducts general discovery in accordance with discovery rules and procedures, documents are deemed discoverable, i.e. documents are available for inspection.

Are insurance claims public knowledge?

Yes, insurance claims are public record, but not everyone can see them.

Can someone have an insurance policy on you without you knowing?

A third party can't take out a life insurance policy on you without your knowledge and consent.

What information do insurance companies have access to?

An insurer can only access your medical records if you give your permission for them to do so. If you agree to let them go through your medical history, they'll contact your doctor and will look at your records over the last five to ten years.

How far back can insurance companies audit?

Typically, they might seek medical records from the last 5-7 years. That's the general timeline for medical record checks, but insurance companies can go back even further when exploring other facets of your past, such as driving history or previous insurance claims.

How does insurance know I got into an accident?

Whether it's through police reports, the other driver filing a claim, or even witness statements, insurance companies have many ways to find out about accidents.

Can insurance companies see your claim history?

Every insurer scopes out your recent claims history as well as the claims history for the home when you switch insurance companies or purchase a new policy. This helps them price your policy.

Are insurance claims confidential?

California Insurance Code Sections 791 - 791.27, the Insurance Information and Privacy Protection Act (IIPPA), provide protections for one's personally identifiable information, which is generally provided to an agent, broker or insurance company in order to apply for insurance or submit a claim.

Can insurance investigators get phone records?

To obtain your phone records, the insurance company must take legal action to do so. That is, while you can certainly provide that information if you would like to, especially if it shows you were not using your phone or otherwise distracted, you may be able to refuse this information initially.

Can insurance find out about claims?

Insurers use the CUE database to check if any incidents have occurred with different vehicles so if you fail to tell your insurer, they can usually find out anyway. The price will usually rise at renewal, or when you're buying a new policy, rather than at the moment you make a claim.

Is there an insurance claim database?

Most home and car insurance companies regularly submit claims information to the CLUE database, which is maintained by LexisNexis. For instance, when a homeowner files an insurance claim for an incident like fire damage or criminal activity, most insurance reports are entered into the CLUE database.

How long do claims stay on an insurance record?

For minor accidents, the record retention period typically spans three years from the date of the accident. Notably, if you were not deemed at fault, it is illegal for insurance companies to increase your premiums in California.

What documents are not discoverable?

In addition to attorney-client communications and peer review documents, discovery may be barred for spousal privilege and privileged communications with a faith advisor. “The first step in protecting privilege is to understand the scope of the privilege you want to use.

What types of information might be discoverable but not admissible?

The Federal Rule of Evidence 801 does provide for several exclusions to the Hearsay rule. All content is discoverable if it potentially is relevant to the case and not deemed privileged, but discovered content may be ruled inadmissible if it is deemed privileged (doctor/patient communications), unreliable or hearsay.

What information do car insurance companies have access to?

Auto insurance companies primarily want information about drivers to determine rates. These agencies will verify your age, vehicle type, driving record, past claims, and more data to come up with premiums for your policy.

Do police have access to insurance information?

Officers can determine your insurance status by scanning your license plate, so it's important to always carry proof with you. To that end, yes — cops do know if a car has valid insurance.

How long does it take for an insurance company to get a police report?

Some have no set standards, so you could look at anywhere from a day to up to four weeks or even longer. It's important to ask the responding officer if they can give you an idea, but don't expect any guarantee. Law enforcement needs time to process police reports before providing them to the parties involved.