Can My Insurer Put Me Under Surveillance After an Accident?
Insurance companies can put you under surveillance if they suspect your injuries are not as severe as you say. They want to pay out as little as possible in settlements, and they also want to ensure claims are not fraudulent. That is why various forms of surveillance are used, ranging from video use to scouring social media– which is another reason to obtain legal counsel as soon as possible.
If you were seriously injured due to another party’s negligence, a personal injury attorney in New York at Douglas and London could help you receive the maximum compensation for your injuries. Our dedicated lawyers have recovered millions in settlements and verdicts for clients.
Some claimants are at higher risk of surveillance than others. That is especially true of anyone with back injuries, rendering them unable to lift heavy items or walk without pain. In short, the claimant says they cannot perform everyday activities.
Surveillance usually gets underway shortly after the claim is filed, or after the insurance company doctor has seen you. Those receiving long-term benefits are also vulnerable to this. In this case, the insurer wants to show the recipient is not badly hurt, and no longer needs benefits. Keep in mind that the insurer can conduct surveillance as long as your claim is active.
What Insurers Seek
Insurers want to photograph or video the individual doing things their lawsuit says are no longer possible. Obviously, this can hurt a case. For example, perhaps you hurt your back but decide to take out the trash. A video of you lifting a large garbage bag into the bin can be used against you.
That is why, during your recovery, you must remain vigilant and not attempt to do anything your claim states is no longer possible. Do not lift anything over a few pounds, including a child or pet.
If there is a strange car or truck parked near your home for a prolonged period, that is a possible surveillance indicator. Yes, real-life surveillance is much as it appears on TV and film. As a rule, this occurs during the day. Most insurers will send an investigator or a team out for three days in a row to try and catch the claimant doing something that harms their case.
While there is no sure way to avoid surveillance, there are ways to make it less likely. First, never mention anything about your injury or accident on social media. For best results, stop posting entirely.
When you file insurance claim forms, do not specify upcoming treatment dates unless necessary. Photographing someone going into the doctor’s office with mobility issues, only to have them bounce out of the office an hour later, is the type of image they are looking for.
Contact a Personal Injury Lawyer in New York
After a severe injury, you may find insurers trying several methods to shed doubt on your case via surveillance. A New York City personal injury lawyer at Douglas and London protects your rights while fighting aggressively for a fair settlement.
Arrange a free consultation by submitting our online form or calling or texting 24/7. The majority of cases are settled, but if the insurance company does not agree to a reasonable settlement, we will head to trial. There is never a fee unless you receive compensation. Hablamos Español.