At Alpizar Law, LLC, we help our clients gather various pieces of evidence that could help them recover personal injury damages. On the other end of the spectrum, insurance providers are looking for their own evidence as a claim defense, including surveillance evidence. What exactly is surveillance in personal injury cases, and how could it impact your claim?
Our attorneys are here to explain what you need to know about insurance surveillance, its possible legal implications, and more.
Insurance Companies May Use Surveillance as a Defense Tactic
Insurance companies may try to minimize the value of personal injury claims to support their bottom line. They could do this by making lowball settlement offers in hopes that the claimant will accept the initial amount. Another common tactic is gathering evidence through photos, video monitoring, and even social media tracking to dispute your claim.
Insurers could hire private investigators to keep an eye on you. The goal of their insurance investigation is to find evidence that potentially reduces your damages, particularly non-economic damages.
Suppose a car accident totals your vehicle and leaves you with whiplash symptoms like neck and back pain. If you claim that the back pain is so debilitating that it prevents you from your normal routine, an insurance provider may try to observe you. Should an investigator capture you pulling weeds from your lawn and doing other physical yardwork, the insurer could use this evidence to refute your claim.
The Legality of Surveillance in Personal Injury Cases
When people learn about insurance companies using this tactic, they often have one question: “Is it legal?” Although an investigator observing you may feel like an invasion of privacy, insurance companies are within their rights to deploy this tactic. They can capture some forms of evidence legally, while other strategies aren’t permitted.
Surveillance is legal when it involves:
- Capturing your activity in public areas: Investigators can legally photograph or film you in public places like parks, restaurants, or shops.
- Observing your work when it’s in a public-facing role: You may be subject to surveillance at work if your job is a public-facing role, such as a mail carrier.
- Monitoring social media activity: Public photos, videos, or messages you post on social media could be used as evidence against you in a personal injury case.
Your attorney should recognize forms of illegal surveillance in personal injury cases. In many cases, investigators cannot record your phone calls without your consent. They also cannot trespass on your property to film or record you, nor capture images or video of you while you’re inside your home.
What You Can Do To Support Your Claim Amid Surveillance
Upon learning about surveillance in personal injury cases, you may worry about the validity of your claim and whether an insurance provider will pay for damages. Legal professionals recommend the following tips:
- Always be transparent and specific with healthcare providers.
- Update doctors about any changes in your health right away.
- Give consistent, accurate statements to everyone involved in your case.
When discussing your injury, be honest with your doctor but avoid exaggeration. For example, instead of saying, “I can’t do anything because of my back pain,” give them a more nuanced language like, “I try to limit my physical activity because it worsens the pain.” Such a statement in your medical records may support your claim even if the defendant collects photos of you walking or doing some other type of physical activity.
What if your pain begins to subside and allows you to be more active? Let your doctor know about changes in your symptoms as soon as possible so they can update your health records.
Finally, you should always provide treating physicians, insurance adjusters, and lawyers with consistent statements about your accident and injury. If the story you tell your lawyer doesn’t align with the information you give your doctor, it may complicate your claim.
Seek Legal Representation for Your Personal Injury Claim
While insurance companies may take surveillance in personal injury cases, it doesn’t necessarily invalidate your claim. Contact Alpizar Law, LLC if you wish to file a personal injury claim following a slip and fall, motor vehicle crash, or other type of accident. Our legal team consists of four dedicated attorneys who bring a combined 65 years of experience to the law firm.
Connect with us today to discuss your options and learn about other strategies that an insurance company may use. Call (321) 676-2511 to schedule a free consultation.
