Why does my insurance company need permission to access my banking details dating 10 days prior to the accident and 5 days after?

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Why does my insurance company need permission to access my banking details dating 10 days prior to the accident and 5 days after?

I was involved in a car accident the past weekend. My insurance company had gotten hold of my bank statement and phone records without my knowledge and told me I bought a 12 pack of beer at the store. I replied and told them that I had only had 2 out of the 12 and they further said they would send me forms to sign to allow them access to my banking statements dating back 10 days before the accident and 5 days after the accident. Are they allowed to do this and should I provide permission?

Asked on December 1, 2016 under Accident Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They are allowed to investigate if there is reason to think you may have done something which would allow them to not pay (such as if you were driving intoxicated; or there is reason to think you may have been in financial distress and may be engaged in insurance fraud, for example). If you refuse to cooperate, they will refuse to pay; you can then sue them for breach of contract (an insurance policy is a contract) if you believe that under the terms of the policy, they should pay. In such a lawsuit, you can try to prove that they need to pay under the policy and the facts of what happened and they in turn can request (e.g. subpoena) and present evidence to show that you were doing something improper, which would give them grounds to not pay.


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