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Can An Insurance Company Do Surveillance?

If you have a workers compensation or personal injury claim, what this means in the simplest way is that you are seeking monetary compensation from another person to injuries that you suffered as a result of an accident or injury.  Typically, the other person has insurance – whether it is automobile insurance, homeowners insurance, or workers compensation insurance and so there is an adjuster who is going to be assigned to your claim as a serious injury lawyer can explain.

The first thing an insurance company does when they get a claim is to go down a checklist to see if they are responsible for a claim – that is, the first thing an insurance company does when they get a claim is to try to avoid paying it.  This continues through the course of a case.  

One tool an insurance company uses is to try to conduct surveillance on a claimant to see if they can catch the person doing things that would indicate that they are faking their injuries or exaggerating their injuries.  If they “catch” you doing something, it can become very powerful or dispositive evidence if the case goes to trial. According to Kiefer & Kiefer, surveillance conducted by an insurance company typically involves monitoring and gathering information about an individual to verify the accuracy of an insurance claim. This surveillance can take various forms, including:

  • Physical Surveillance: Insurance companies may hire investigators to physically observe the activities of the claimant. This could involve following the individual, taking photographs or videos of their actions, and documenting their daily activities to assess the validity of the claim.
  • Video Surveillance: Surveillance cameras may be set up in public places, such as outside the claimant’s residence or workplace, to monitor their movements and activities.
  • Social Media Monitoring: Insurance companies may also monitor the claimant’s social media accounts to gather information about their lifestyle, activities, and behavior that may contradict their claim.
  • Interviews and Background Checks: Investigators may conduct interviews with the claimant’s acquaintances, neighbors, or colleagues to gather additional information relevant to the claim. They may also conduct background checks to verify the claimant’s history and activities.

It’s important to note that surveillance activities must be conducted within the bounds of the law and respect the individual’s right to privacy. There are legal and ethical considerations that insurance companies must adhere to when conducting surveillance, and any evidence obtained through surveillance must be obtained legally and ethically.

The legality of insurance companies conducting surveillance on individuals varies depending on the jurisdiction and the circumstances. In many places, insurance companies have the right to conduct surveillance within certain legal boundaries. This is often done to verify the accuracy of insurance claims, particularly in cases where there is suspicion of fraud or misrepresentation.

However, there are typically regulations in place to ensure that surveillance activities do not infringe upon individuals’ rights to privacy. Insurance companies must adhere to these regulations and conduct surveillance in a manner that is lawful and respectful of individuals’ privacy rights.

If you have concerns about surveillance activities by your insurance company, you may want to consult with a legal professional familiar with the laws in your jurisdiction.