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.
About the Author
Emma Mead is an Accredited Specialist in Personal Injury Law, accredited by the Law Society of NSW. She is also a National Accreditor Mediator and has a Graduate Diploma in Family Dispute Resolution. She specialises in all personal injury and family law disputes, locally and across New South Wales.