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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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