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The interesting thing about posing this question is that most people think they are qualified to answer it, although they aren’t. The fact is, most people do not know what detectives, whether on the police force or “for hire,” really do in an investigation, and what sorts of skills are required. It is certainly nothing like you see on TV.

Of course, you would not do much murder investigating, even if one happened in your family. You would probably leave the burglary capers to the police, too. Private investigators can certainly look into those matters for you, but the bulk of a private eye’s work involves finding people and identifying their whereabouts, their actions – and, of course, their assets. This is why the great majority of private eyes make the great majority of their money on divorces and civil matters, not criminal investigations.

Private eye or DIY?

Private investigations can be difficult for even the most experienced professional. Private investigators have been helping people “get the skinny,” or the truth, in all types of situations. Whether it’s a company investigating a string of warehouse thefts, a spouse that suspects her significant other of cheating or a case of a disappearing investment advisor (these are on the rise), private investigations can be quite challenging and time-consuming. There are certain tricks of the trade that you must learn, and there is no substitute for on-the-job training.

There will always be a huge difference between a real “PI” and a do-it-yourselfer (DIY’er). But if you reduce the tasks to their simplest components, there are a number of basic matters that you could investigate, or begin investigating, without hiring a professional right away. With the Internet, you can check many databases, including those of government agencies and various industries, to help you in the one undertaking in which you just might make some progress on your own, namely, locating people who don’t want to be found.

Tools and tricks

Private investigation has changed tremendously over the past few decades. As opposed the “old days” of the “gumshoe” where a PI would follow a wayward wife around town with a camera and try to catch them in an adulterous act, PI’s now are highly trained, skilled professionals. Whether they are former police officers or crime lab technicians, or like many others took law and/or accounting courses (like FBI agents), they did what was necessary to get an “education for investigation.”

Trying to conduct an investigation without the required skills will yield poor results. This is where many of the DIY’ers make their first, and most catastrophic, error. They think that a few web searches and a $19.95 online background check is “investigating.” This, of course, is silly. So, even in the one type of investigation in which DIY’ers could be successful, the personal search, there are twists, turns, shortcuts and time-wasters all along the way. There are precious few things other than experience that can make a beginner a veteran.

Danger and other high costs

There is also a tremendous amount of danger that PI’s can get themselves into. Some of them will face life and death circumstances. These days, however, many private investigators are not acting under that title alone, and hold badges in law enforcement. This allows them to protect themselves to the fullest extent. However, among the 50 states there are various laws regulating, or outright prohibiting, sworn peace officers from working as private detectives, security staff or bodyguards.

With danger being an equal opportunity employer, and something that any PI might face in a thousand different ways, the “DIY detective gig” might become something of a magnet for those who want to become vigilantes for justice. Fortunately, most states have licensing procedures in place that will limit the number of “John Waynes” that are allowed to flash badges and carry concealed weapons while in the employ of a private citizen.

Back to basics

Not only can private investigation be dangerous and daunting, it is also very time consuming. Private investigators dedicate their every waking hour to the completion of whatever case they happen to be on. PI work is difficult for the professional and amateur alike, but deciding how much to “bite off” should be simple for the DIY’er. The answer would range from “none” to “not much,” at least until you develop the basic online search skills, plus learn how to get information over the phone, by mail, via e-mail or in person from the myriad local, county, state and federal bureaucrats that man the barricades in the government offices that are chock full of answers.

It’s very important to consider all of the costs, in terms of money, time and danger, which conducting an investigation entails. Invest some research time into the fine points of, say, “skip tracing” and you will discover that it’s not as easy as it might have seemed on television. Then, when confronted with a problem that needs some detective work – nothing criminal, of course – you should be able to see a clear line between what you can handle yourself and what you need help to do. It should not bother you in the least that the latter group will be much larger than the former, as it is that way with most everything. After all, you can only be an expert at so much, so get help when you need it. The trick is knowing when to do that, and it’s always better to err on the side of caution and ask for help than to charge ahead and lose your head!

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“Bad faith” laws are state laws that seek to penalize insurance companies for denying, delaying or withholding payments or other benefits to policyholders that file legitimate claims covered by valid policies. Some industry observers argue that the reason there is no federal legislation in this area is because of the size and strength of the insurance industry, and its powerful lobbyists and political allies. Be that as it may, it is important to deal with the reality of bad faith law, and understanding what “bad faith” is, and how it is defined by the 50 states that establish its limits and liabilities, is crucial to dealing effectively with an intransigent insurer.

Many state laws are based, in whole or part, on legislation researched, argued over and passed in other states, so there really are not 50 “unique” state laws. Certainly they embody differences, even some major ones, yet they all still share more than a few important characteristics. Generally speaking, fiduciary relationships – which insurance policies create between people (and/or their companies) and insurers by dint of the premiums being paid and promises being made – require the parties to both act in good faith and uphold any obligations they have agreed to, and/or have been paid for. Some states get more specific in their bad faith legislation, in effect admonishing insurance companies to act, and be able prove that they are acting, in the best interest of policyholders.

Interests and duties

Some state bad faith laws list specific “duties” that an insurance company must fulfill. Insurers are instructed to “look for coverage” if policyholders make honest claims, instead of seeking ways to deny them. In accordance with other “good faith” and “fair dealings” principles and practices, bad faith law might also require insurance companies to settle claims one way or another in a specified time frame, in some states, or a “reasonable” amount of time, in others. The judicial systems of many states, of course, establish these time frames in a manner more de facto than de jure, but the parties to any particular state’s procedures will know how the system works. The proceedings benefit greatly from their transparency, too.

Bad faith laws require insurers, in all dealings with policyholders, to cooperate fully, respond promptly answer questions completely. This means, in practice, that insurance companies must tell policyholders the precise reason(s) that a claim or benefit is being denied. In doing this, the companies are also required to cite the specific policy provisions on which its adjusters based their decisions. Bad faith law does much more than encourage or persuade insurance companies to act responsibly, fairly, honestly and in a timely manner in all policyholder affairs. It compels them to do so, quite simply, and has various ways to punish them when they do not.

Bad faith recourses

If they suffer damages at the hands of their insurance companies, policyholders are empowered under bad faith laws to seek relief with a personal injury (tort) lawsuit. If an insurance company is found to have acted in bad faith, it can be ordered to pay the policyholder the full amount of the original claim plus any losses resulting from that initial benefits denial. In fact, some bad faith laws have provisions whereby an insurer can be forced to pay punitive damages on top of the claim settlement. Like any other punitive judgment, this is supposed to send a strong message to other firms that may have unfair practices, as well as deter the wrongdoer from repeating the proscribed behavior. The aim of the law, of course, is to obtain justice for the wronged parties, in this case honest policyholders who have been, in point of fact, robbed of their benefits and claims payments.

It is helpful to think of bad faith laws as part of the enlightened consumer protection legislation that is a hallmark of advanced societies. However, so as not to be abused and manipulated, these laws are subject to the same kinds of limitations as other civil and criminal proceedings. The statute of limitations for these bad faith laws – the time period in which policyholders can file bad faith claims – varies from state to state. It may also vary within a state, due to differences in the way cases are presented, specific features of the company or the policy, the nature of the claim and the severity of the alleged action or (inaction). There are no “unimportant details” in any modern legal proceeding, and bad faith law can be as confusing and difficult as any other. Remember, too, that bad faith cases pit ordinary citizens against huge, billion-dollar corporations with expensive attorneys (good ones, too), so this is an area where you really must avail yourself of top lawyers specializing in the field.

When the insurance companies refuse to give you what you paid for - Abourez Law will be there.  Our lawyers that handle insurance bad faith will help make sure you get the claim you’re entitled to.