Occasionally, insurance companies use private investigators to gain further evidence on your claim.
One of the most basic measures you can take to protect yourself, is to not dress your story up too much. It is always best to be completely honest, do not overstate your injuries or change your story. If a private investigator has been assigned to your claim and is surveying you out in public doing your grocery shopping when you have said you can’t walk due to a leg injury, or socialising when you have said you don’t leave the house due to psychological injuries, this could be used against you.
Surveillance can be done in several ways:
- Electronic Surveillance – so be careful what you are posting on social media!
- Stakeouts – yes, just like the movies!
- Stational Technical Surveillance – this could be a camera set up in a specific location that you are unaware of to catch you doing the things you claim you cannot do!
- Tracking – again, just like the movies! Yes, they may follow you around and you would not even know! So, do not tell the doctor you have a permanent limp if you do not!
Although personal investigators can monitor you without your consent, there are limitations in place when it comes to what power they have, so know your rights. For example:
- they cannot record you in private areas of your home (i.e. bedroom, living room or bathroom)
- They cannot hack into your accounts or tap phones
- They cannot access your emails
- They cannot enter your property without your consent; or harass or threaten you.
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Key Takeaways
- Insurance companies often employ private investigators to gather evidence that may potentially undermine or dispute the validity of a claim.
- Private investigators may conduct surveillance, interview witnesses, obtain medical records, and gather other evidence to assess the legitimacy of a claim.
- The use of private investigators by insurance companies is legal and can have significant implications for claimants.
- Claimants should be aware of the possibility of surveillance and other investigative tactics employed by insurance companies and their representatives.
- It is crucial for claimants to be honest and transparent throughout the claims process to avoid potential complications or allegations of fraud.
- Seeking legal advice and representation from experienced personal injury lawyers can help claimants navigate the complexities of dealing with insurance companies and their investigators.