Insurance Claims Investigations: Detecting Fraud and Abuse (2024)

What is an Insurance Claims Investigation?

Insurance companies often conduct claims investigations to evaluate the legitimacy of a claim. The investigation process helps the claims adjuster make an educated decision about how to proceed with a claim.

Insurance claims investigations are used to combat the prevalence of false or inflated claims. An illegitimate claim is unjustifiable or inaccurate, and by identifying it early you avoid paying potentially significant costs to a fraudster.

Insurance claims investigations rely on evidence, interviews and records to conclude whether a claim is legitimate or illegitimate.

There are several types of insurance investigations depending on the claim being made.

Types of Claims Investigated

Workers' Compensation Claims

Fraudulent workers’ compensation claims can be hazardous to the financial wellbeing of your business. To determine the legitimacy of a claim, an examiner will conduct a workers’ compensation claim investigation.

The investigation seeks to determine two things:

  • Is the employee as injured as they claim to be?
  • Was the injury acquired while the person was working?

For example, an employee who is injured outside of work Tuesday night but comes in the next day and files a claim indicating that the injury happened at work would be filing a fraudulent workers’ comp claim. Ideally, an investigation would uncover that lie.

Personal Injury Claims

Fraudulent personal injury claims can be equally as hazardous as fraudulent workers' compensation claims.

Personal injury claims can be filed against either a business or against another person. The claim becomes fraudulent when the victim actually fell on their own icy steps but staged the incident to look like it occurred in front of a company's storefront.

Property Damage and Theft Claims

Insurance companies will also investigate property damage (e.g., fire damage, water damage or car accidents) and theft claims (e.g., theft, burglary, hijacking or robbery).

Depending on the property and the claim, an investigator might call in an expert. For example, they might ask for someone to come in and evaluate the burn patterns to discover the origin and cause of a fire.

The information gained through this process will help the examiner either confirm or deny that the claim is legitimate.

Healthcare/Medical Fraud Claims

These claims are investigated by private insurers and public ones, such as Medicare and Medicaid. Both the practitioner and the patient can participate in fake or inflated healthcare claims, sometimes together, to line their own pockets.

According to the Legal Information Institute, statistics now show that 10 cents of every dollar spent on healthcare goes toward paying for fraudulent healthcare claims.

Claims Investigation Process

The claims investigation process is similar to other investigations. It involves many steps, such as collecting and reviewing documents, taking statements, locating and interviewing witnesses, inspecting and photographing the damaged property or accident site, conducting surveillance and analyzing social media accounts.

Collecting and Reviewing Documents

During your insurance claims investigation, request and collect official records stemming from the injury or damage.

For a personal injury claim, you can seek out official records created by the hospital or victim’s physician. Ask for medical release forms, prescription records, doctor’s notes or any other document that could confirm the legitimacy and severity of the injury.

Ask for similar items for workers' comp claims, as well as the OSHA form detailing the incident.

For a property damage claim from a vehicle accident, request a copy of the police and accident report. These reports will have information from the day the accident was reported and can be used to corroborate statements and details obtained through interviews.

For a property theft claim, request receipts of the stolen item or photos proving the stolen item belonged to the victim. Sometimes a true victim of property theft will start padding their claim with additional items they didn't really own. Asking for proof of these items will help prevent exaggerated claims.

Taking Statements and Interviewing

Interviewing the victim, witnesses and, if applicable, the perpetrator, will be one of the best information-gathering tools during an insurance claims investigation.

Depending on the claim, the questions you ask will differ. In a theft claim, ask what items were taken, when they first realized something was amiss and the names of any people who were in the home around the time of the theft. Read the original police report aloud and monitor how the claimant responds.

Request a recorded or written statement from all involved parties describing the incident and circ*mstances. Being able to hear or read the statement at a later time will make it easier for you to compare future information to what was said.

Surveying the Area and Suspect

Take photos or videos that will help the story make sense. Depending on the claim, take photos of the location (workplace, home, car, intersection) and the injury itself. Having access to a permanent, physical view of the environment will help you make sense of what the statements and official records say.

You may also want to conduct surveillance. If an employee claims they slipped on the icy steps of the hardware store and hurt their back, keep an eye on how they spend their time after. Did you catch them walking into the dance studio? Did they purchase a dining table and load it in their truck themselves?

Obtaining Other Contextual Information

Finally, consider other contextual information that will help you understand the claim.

Check the claimant’s social media accounts to learn more about them and the situation. Recent posts about struggling financially or hating work might raise suspicion. Posts about playing sports might cast doubt on an injury claim.

Look into whether they’ve made previous claims. Have they told the exact same story before? Did the last insurance claims investigation prove that the claim was fraudulent? A discovery like this may sway the outcome of the investigation.

Insurance Claims Investigations: Detecting Fraud and Abuse (2024)

FAQs

What is the burden of proof in insurance fraud? ›

Remember: the burden of proving the case is on the State of California. You do not have to prove your innocence. If the prosecutor cannot make the case that fraud occurred beyond a reasonable doubt, a jury should acquit you.

How does an insurance company detect fraud? ›

But the most common signs and symptoms to detect insurance fraud include claims for medical expenses that exceed the value of the policy or claims for injuries that did not occur as described (for example, a claim for injuries that occurred over time but were not sustained at once).

What does it mean when your insurance claim is under investigation? ›

The investigation process commences soon after filing an insurance claim. Insurance companies hire an auditor or a legal professional to protect the interests of their operations. When an insurance company commences investigations, expect them to probe you on what happened. They may also ask you follow-up questions.

What is the difference between insurance fraud and abuse? ›

Our Commitment to Fight Health Care Fraud and Abuse

Fraud is when someone knowingly gives false information that allows someone to get a benefit that is not allowed. Abuse is when someone knowingly take actions that result in unnecessary cost or services.

What are the five elements an injured party must prove in order to claim fraud? ›

So in addition to showing the existence of a contract, the same fraud elements of proof are required: (1) a material misrepresentation, (2) made with knowledge of its falsity or asserted without knowledge of its truth, (3) made with the intention that it should be acted on by the other party, (4) which the other party ...

What is the burden of proof in an investigation? ›

The burden of proof determines which party is responsible for putting forth evidence and the level of evidence they must provide in order to prevail. In most cases, the plaintiff (the party bringing the claim) has the burden of proof. As an initial matter, they must meet the burden of production.

What triggers an insurance investigation? ›

Insurance companies are more likely to investigate you when you file a large claim. Any large check that they write comes out of their profits. Therefore, they are looking for any way to escape paying for the damages their policyholder caused.

Are insurance investigations discoverable? ›

If an insurance investigation is done in anticipation of litigation, then that investigation file is protected from discovery by the opposing party.

What to expect from insurance investigator? ›

In many cases, a claim investigator will ask to see documentary evidence related to the claim. For example, you might be asked to provide a police report, receipts, inventory records, invoices, and shipping records.

What is the recognized difference between fraud and abuse? ›

What is Fraud and Abuse? Fraud is the intentional deception or misrepresentation that an individual knows to be false, when that individual knows the deception could result in some unauthorized benefit or payment. Abuse involves actions that are inconsistent with accepted, sound medical, business, or fiscal practices.

Which of the following would be considered abuse on a claim? ›

Abuse includes any practice that does not provide patients with medically necessary services or meet professionally recognized standards of care. The difference between “fraud” and “abuse” depends on specific facts, circ*mstances, intent, and knowledge. Misusing codes on a claim, such as upcoding or unbundling codes.

How is fraud different from abuse? ›

Differences between Fraud vs. Abuse. Fraud is centered around intentional deception for personal gain, often involving financial harm. On the other hand, abuse can be intentional or unintentional and may involve misuse or overuse of resources or systems without necessarily gaining direct economic benefits.

What is the burden of proof for an insurance claim? ›

In an insurance claim, the plaintiff has the burden of proof and is required to prove their right to compensation based on the insurance policy and submitted claim. Insurance companies will often use the courts to determine which company is responsible for providing coverage when more than one insurer is involved.

What is the burden of proof on a claimant? ›

In civil cases, the burden of proof is on the claimant, and the standard required of them is that they prove the case against the defendant “on a balance of probabilities”.

What are the three main elements why people commit insurance fraud? ›

Each person has a different set of circ*mstances—a different combination of fraud triangle components (motivation, rationalization, and opportunity)—which will make fraud feel “worth it.”

What is the burden of proof negative claims? ›

A negative claim may or may not exist as a counterpoint to a previous claim. A proof of impossibility or an evidence of absence argument are typical methods to fulfill the burden of proof for a negative claim.

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