Insurance Company Surveillance of Vehicle Accident Victims
Cameras are everywhere—from traffic monitoring systems to security video in retail stores. Every day, people post visual proof of incidents recorded on their smartphones.
Private investigators hired by insurance companies use cameras too, as they try to avoid liability for vehicle accident claims.
Insurance Company Surveillance of Injury Victims
Insurance companies will do anything to minimize claims or deny them altogether. One of the tactics representatives often use is hiring a private investigator to obtain photo and video evidence of an accident victim's activities to gain proof and avoid paying their claim. The carrier may attempt to attack an injury victim’s credibility by obtaining footage indicating he or she might be fabricating or exaggerating medical conditions.
This surveillance is perfectly legal, provided that the photos and videos were obtained in a public setting, such as a grocery store or a restaurant.
Defending Against Insurance Company Surveillance
An insurance carrier isn't above the law. Its adjusters can't violate the privacy of injury victims, such as peering through the windows of a person’s home, in an attempt to avoid paying a claim. A personal injury attorney will challenge the validity of any surveillance evidence that violates an injury victim’s right to privacy. To prevent the use of video surveillance at trial, a lawyer needs to prove that either:
● The video was shot illegally; or
● The footage isn’t authentic; or
● The insurance adjuster failed to disclose plans to use the video; or
● The footage has nothing to do with the accident or resulting injuries.
You Need an Attorney
The goal of every insurance company is to maximize collected premiums while minimizing the amount paid out in claims, and they're very good at it.
If you were injured in a vehicle accident, partner with an experienced attorney to counter any surveillance evidence collected so you receive rightful compensation. To learn more about what the law offices of Steve M. Lee, P.C., can do for you, visit us on Facebook