It’s Dangerous To Go Alone
If your insurance claim has suddenly been flagged for “investigation,” don’t panic—but don’t go it alone either. Whether it's a homeowners, auto, fire, or personal injury claim, the moment your insurer shifts your file into special investigations or requests a recorded statement, you should consider involving an attorney. This isn’t about looking guilty or combative. It’s about protecting your rights in a system that often favors the insurance company, not the policyholder.
1. “Routine Investigations” Aren’t Always So Routine
Insurers frequently say a claim is “just under routine review.” But make no mistake—when your claim is transferred to a Special Investigations Unit (SIU), the tone changes. These units are designed to detect and prevent fraud. That means they are often working with a mindset of skepticism, if not outright suspicion. While many claims do get paid after an investigation, your words and actions during the process can make or break the outcome.
A lawyer can help you understand what’s actually happening, explain the insurer’s obligations under your policy and the law, and ensure that you're not inadvertently jeopardizing your claim.
2. Recorded Statements Are Legal Landmines
You may be asked to give a recorded statement “just to clarify some facts.” Seems harmless, right? In reality, these interviews are often conducted by trained adjusters or investigators looking for inconsistencies or admissions that can be used to deny your claim. Even honest mistakes—like mixing up dates or misstating the timeline—can be twisted against you.
An attorney can help prepare you for this process, sit in on the statement, and make sure the questions asked are fair and within the bounds of your policy.
3. You May Be Dealing with a Denial in Disguise
When a claim is “under investigation,” insurers often delay payment indefinitely. This can be a tactic to frustrate policyholders into settling for less or giving up entirely. Meanwhile, the insurer may be gathering information not just to delay, but to deny your claim entirely—possibly on grounds of misrepresentation, non-cooperation, or fraud.
An attorney can cut through these tactics. They’ll track deadlines, demand accountability, and ensure the insurer doesn’t abuse the investigation process to avoid paying what’s owed.
4. Navigating Complex Policy Language
Insurance policies are full of clauses that are confusing by design. “Ordinance or law exclusions,” “material misrepresentations,” “actual cash value vs. replacement cost”—these aren’t just technicalities. They can determine whether your claim is paid in full, partially paid, or denied entirely.
An experienced attorney can interpret your policy and push back against unfair readings of its language. They’ll also make sure that your actions (or inaction) don’t violate the cooperation clause or other critical provisions.
5. Protecting Yourself From Accusations of Fraud
In serious cases, an SIU referral might lead to allegations of insurance fraud, which can carry not only civil consequences (like claim denial and reimbursement of paid benefits) but also criminal ones. In Michigan, for example, insurance fraud is a felony.
Even if you did nothing wrong, the wrong word or omission can put you at risk. Having legal counsel ensures that your rights are protected and that any interactions with the insurer are handled properly.
Conclusion: Involve a Lawyer Sooner Rather Than Later
If your claim is being investigated, it’s not the end of the world—but it is a sign that you should slow down and get legal advice. Whether you ultimately need a full legal defense, help negotiating a settlement, or just guidance on what to say and do, an attorney can give you peace of mind and a fighting chance.
Need Help with a Claim Investigation?
At Shkreli Legal, we’ve helped Michigan policyholders navigate claim investigations, denials, and lawsuits with years of experience working on behalf of insurance carriers - and even with their SIU departments. If your claim is being scrutinized, contact us before making any further statements or decisions. We’ll help you level the playing field.