View Full Version : Can you legally find what someone received in a insurance claim?
NeedSpeed
02-10-2011, 8:01pm
Seems like a gray area. My fam is going through some BS involving flood insurance with a property in trust.
My mother has a policy in her name on the place. Another member of the trust is trying to say that the flood money wasn't spent and is intitled to part.
They claimed to got the records of what was paid out, but mind you, even though the property is in trust, the insurance is only in my mother's name.
A) Can they legally find out what was paid?
B) Even if the property is in trust, the insurance is only in one person's name. Who has right? (i.e., what if I took out a policy on your car and kept the cash when you crashed it)
Discuss.
you won't get an answer from the insurance company, as you have no standing to ask. you could ask your mom for a copy of the check stub, and copies of reciepts, and see if they match up. if the insurance company determined that the damage would take say 1000 to fix, and handed your mom a check for 1000, they consider the case closed. now, if your mom got the work done for less (found a cheap contractor, did labor herself..), then yes, she may keep the differential. no taxes owed. but, since it's her policy, she is not required to share the details with others. but she may want to do so for family harmony.
...Whitepower...
02-10-2011, 8:43pm
So mom got the insurance check and went to vegas and now everyone else wants to know where the money because the house wasn't fixed correct?
Uncle Pervey
02-10-2011, 8:49pm
I don't know you'll have to ask some soulless shyster to find out. :leaving:
NeedSpeed
02-11-2011, 11:05am
you won't get an answer from the insurance company, as you have no standing to ask. you could ask your mom for a copy of the check stub, and copies of reciepts, and see if they match up. if the insurance company determined that the damage would take say 1000 to fix, and handed your mom a check for 1000, they consider the case closed. now, if your mom got the work done for less (found a cheap contractor, did labor herself..), then yes, she may keep the differential. no taxes owed. but, since it's her policy, she is not required to share the details with others. but she may want to do so for family harmony.
I don't want the info, the issue is my aunt (mom's brother's wife) got the info and is suing for the money. While there is money left, a lot of the money was put in the place and the rest of the money pays the bills to run the place (it's a summer home). The house is in trust between the 3 siblings, but after my uncle died my aunt is trying to break the trust and get the money.
She asked the insurance company and it does appear to be private info, tho it's easy enough to get fraudulently.
They don't appear to have subpeoned the info, so my parents would like to bring up charges if the info was illegally obtained.
onedef92
02-11-2011, 11:07am
Sure sounds like an awful lot of legal drama. And one of those cases where no one's gonna' win but the lawyers.
NeedSpeed
02-11-2011, 2:04pm
It is. It's not even all that much money, especially after all the legal fees. I think she's doing it out of years of built up spite. And while she's driving the boat, she has no entitlement to the money if they get it. Since it's in trust, it goes to my three cousins.
Sea Six
02-11-2011, 6:03pm
you won't get an answer from the insurance company, as you have no standing to ask. you could ask your mom for a copy of the check stub, and copies of reciepts, and see if they match up. if the insurance company determined that the damage would take say 1000 to fix, and handed your mom a check for 1000, they consider the case closed. now, if your mom got the work done for less (found a cheap contractor, did labor herself..), then yes, she may keep the differential. no taxes owed. but, since it's her policy, she is not required to share the details with others. but she may want to do so for family harmony.
I could not have stated this more accurately, nor more concisely, than this.
:iagree:
...Whitepower...
02-11-2011, 9:12pm
Wifes car got rearended this past summer. In GA when your car gets hit you get a check for diminished value. Because your car is hit you will now not be able to sell it for as much as you could have had it not been hit. Anyway the diminished value check was way less than what we thought it should have been so we appeal the bitch that hit my wifes cars insurance company. They inform us the car was previously hit. Turned out that the dickhead previous owner wrecked the car, had it fixed at a body and then traded it in immediatley so that the wreck wouldn't appear on a VHR. That's why when i pulled one when we were buying it nothing came up.
Anway through talking to the bitch that hit us's insurance co we find out the insurance co, date, and claim number for that hit. I then pick up the phone and explain what is happening to the insurance rep on the other end of the phone in NY and she is sympathetic. She then faxes over the body shop work order from the claim.
I got all this from just being nice and explaing my situation to someone on the phone who was sympathetic to my situation. Was it legal, who knows, probably not..
If i were mom though, i would talk to my lawyer and get ready just in case.. She needs to find out where she stands. GL. :cheers:
ZipZap
02-11-2011, 11:48pm
It is not protected information like medical records. However, insurance companies protect their data because it provides empirical input into their models, which is the basis of their pricing. It is not typical that the information is released, but it isn't likely illegal either.
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