If you have made a personal injury claim as a result of a car accident, a slip and fall accident, product liability, or any other dangerous incident, you will find yourself dealing with an insurance company that may be reluctant to fully compensate you for your suffering. Insurance companies don’t make their profits by being overly generous and trusting. Post-accident surveillance after a personal injury can happen and it’s important to contact a personal injury lawyer right away.
If you have a serious injury that would involve an expensive settlement or large financial ruling in a court case, the insurance company will delve deeply into your injuries and physical capabilities to make sure that you are not committing fraud. You may even find yourself under post-accident surveillance after a personal injury.
Before we discuss details about post-accident surveillance after a personal injury, consider the following:
- If you have told the truth about your injuries and the extent of any subsequent disabilities, you have done nothing wrong. Continue to behave ethically, and try not to be upset.
- Insurance companies do have a legitimate reason to doubt people. For example, according to the Insurance Research Council, “21% of bodily injury claims and 18% of personal injury protection claims that ended with payment in 2012 appeared fraudulent.” When all types of fraud are examined together, the average family pays between $400 and $700 extra each year in insurance premiums that are levied upon them by the insurance companies to make up for other people’s dishonesty.
That being said, it can be disconcerting at best and downright frightening at worst to find that you are being surveilled. You may notice that an unfamiliar car is parked near your home for a few days. You may even have a suspicion that you are being followed if you go out. First of all, if you feel threatened at all, you should phone the police. Don’t automatically assume that an insurance company is behind it.
What is the insurance company looking for?
Basically, they are looking to catch you in a lie, an inconsistency, or an exaggeration. If you have made a claim based on the fact that you are no longer able to lift items, walk without pain, or enjoy a social life, the private investigator will be looking for proof that you can do these things.
He or she will record videos or take photographs of you doing anything that may show you are making a false claim.
You must follow your doctor’s orders precisely so as not to seem unethical. It may be true that you are in pain and miserable 99% of the time, but if you are videotaped laughing at a restaurant with your friends just one time, that recording can be used against you.
You may be unable to lift items, but one photograph of you carrying in a gallon of milk from the car can undo all of your previous medical records. A jury will not see what happened after the photo was taken, when you got inside your house, put the milk down, and cried because it was too heavy and you were in excruciating pain.
Are they allowed to record me?
Actually, yes. If you are in a public place (outside, for example), you are fair game. You can be recorded in a store or in a restaurant as well. These are technically private places, but you do not have a reasonable expectation of privacy, so unless the store owner appears, forbids filming, and demands that the investigator leave the premises (unlikely), you can be filmed.
You cannot be recorded while you are inside your own house, however. No one can trespass on your property or film through your windows. If you want to try to walk a few steps, just to see if you can, do this in your living room instead of in your driveway.
Investigators are allowed to interview friends, relatives, and neighbors about you (if they are willing), so be careful what information you share with others.
Your phone cannot be tapped – that’s completely illegal. The only phone conversations that can legally be recorded are with someone who is aware of the recording. Kentucky is one of the 38 states (plus the District of Columbia) with “one-party consent” laws. For example, if you are being interviewed by an insurance company and answering questions, count on the fact that you are being recorded.
One more thing: be very careful about what you publish on social media sites. A private investigator hired by an insurance company will start by examining any tweets, Facebook updates, Instagram posts – basically all social media content is fair game. Don’t even pretend to do the latest TikTok dance challenge with your niece as a joke. It’s not worth it.
Check all of your privacy settings and edit what you publish. Even better, don’t post on social media at all after your accident. Even one lighthearted comment or photo of you smiling can be twisted to be used as “evidence” that you are exaggerating your pain.
What should I do?
- If you suspect that you are being surveilled, don’t panic. Contact your personal injury attorney to let them know what is going on. At McCoy & Sparks, our personal injury legal team understands Kentucky law and can explain any possible missteps you may take before they happen. We can explain your rights to you, and you can rely on our wealth of experience.
- Continue to follow your doctor’s orders. Don’t embellish your injuries – but don’t be a hero either. Just tell the truth.