Your Claim – Am I Under Surveillance?
In personal injury claims, it is perfectly legal, and not uncommon, for an insurance company to use surveillance techniques to see whether a claimant actually has the same injuries and limitations they are alleging to have suffered. Any significant discrepancies between your reported injuries and what is observed under surveillance can have a negative impact on your credibility, and compensation.
Can my insurance company engage in surveillance?
Yes! Insurers regularly use various forms of surveillance to assess whether a claimant’s reported activity levels and limitations match up with their actual day-to-day behaviour. In order to do so, they may hire private investigators to take videos, audio recordings, and photographs of claimants in public places.
Investigators will frequently wait in their car outside of a claimant’s home to observe their “comings and goings” and to see if they are engaged in any household chores. Investigators may follow claimants anywhere in public, such as when they are out running errands, commuting to work, or walking their dog in the neighbourhood.
What to do if you think you are under surveillance
Most claimants ask themselves at some point, “am I under surveillance?” It can be hard to tell. Professional investigators know how to conceal their position and remain undetected.
The best thing for claimants to do if they suspect surveillance, after speaking to their personal injury lawyer, is to try and ignore it. As long as you have been up front about your injuries and recovery, the images and video in any surveillance report will reflect the reality of your situation. You will never be “surprised” with surveillance in any event: an insurer must disclose if it has surveillance evidence, including the dates and times of the surveillance and what was generally observed.
Contact a personal injury lawyer if you suspect surveillance
After an accident, it is never too late, or too early, to speak to a personal injury lawyer about your options, dealing with your insurance company, or pursuing a legal claim against a negligent party. At Derfel Injury Law, we exclusively represent accident victims. Our lawyers understand that pursuing a personal injury claim can be stressful, so we focus on being responsive to our clients, and ensuring they are supported throughout their claim.
To make an appointment, contact us online or call 416-847-3580.