Can Insurance Companies Follow Me During an Accident Injury Claim?
Being injured in an accident is a very stressful time for most people. Depending on the severity of the injury, there could be a long road to recovery and a lot of medical bills and time missed from work along the way. To add to the stress, it is not uncommon for an accident victim to get a nagging feeling that they are being followed.
The feeling that you are being spied on may be more than your imagination. Insurance companies can and do sometimes perform surveillance on accident injury claimants as part of their investigation. As creepy as it sounds, it is perfectly legal for an insurer to spy on an accident victim as long as they don’t harass you or violate your privacy.
The reason an insurance company investigator might spy on you is simple – they are looking for evidence of fraud or at the very least, inconsistencies in your story that they can use to undermine your claim. It is important to understand that insurance companies are businesses like any other, and their primary goal is to pay out as little as possible to claimants. So, if they are surveilling you, the purpose is to find something that they can use against you.
It is also important to point out that insurance companies do not spy on claimants in all or even most cases. If you suffered minor injuries in your accident and the facts of the case are pretty straightforward, for example, then it will not be worth it for them to expend resources on your claim.
If, on the other hand, you suffered a severe and debilitating injury and there are some questions over the extent of your injuries and the losses you are claiming, then they are likely to perform some type of surveillance. Pain-and-suffering and diminished quality of life are noneconomic losses that often comprise a large portion of an accident injury claim. So, they are likely to be looking for evidence that you are not suffering as much as you say you are and that your quality of life has not been significantly impacted.
How Do Insurance Companies Spy on Accident Injury Claimants?
Here are a few of the most common ways that insurance company investigators might spy on an injury claimant:
- Social Media Searches: Reviewing social media accounts is one of the most cost-efficient ways for insurers to spy on injury victims. Their professional investigators know a lot of tricks to get access to your posts and comments, even if you believe you have strong privacy settings. They will look for photos, videos, and comments you have posted that they can take out of context and use to damage your claim.
- Medical Record Review: Early on after the accident, the insurer may try to get you to sign a medical release giving them access to all of your prior medical records. They might tell you that this is necessary to process your claim, but they do not need a blanket authorization to comb through your entire medical history. The only reason they want this is to review your records in hopes that they can uncover a prior health condition that can be used to argue that you already had a pre-existing injury.
- Surveillance: If an insurer suspects fraud or this is a high-value case, they might follow you around and take photos and videos of you in public. For example, they might spy on you as you go to and from doctor’s appointments, the grocery store, or just going for a walk in a public park. In some cases, an investigator may even speak to your employer, neighbors, or friends to find out what they know about the accident and your current condition.
What Can You Do about Insurance Company Surveillance?
If you believe an insurance company investigator is following you around or doing other types of surveillance, do not panic. If you have been honest about the accident and the injuries you suffered, you should not have much to be concerned about. But you still need to be aware that they could be watching you, and you need to be careful about some things:
- If there are activities that your doctor has told you not to do, do not do them until you are cleared by your doctor. This includes going back to work.
- Do NOT make any social media posts or comment on other posts while the injury claim is ongoing. And if possible, temporarily suspend your social media accounts until your claim is settled.
- Do not sign a medical release without first speaking with an attorney.
Contact an Experienced Pittsburgh Personal Injury Attorney
If you have been injured in an accident and you are concerned about the tactics the insurance company might use to undermine your claim, the best way to counter these is to work with a skilled and knowledgeable personal injury lawyer. An attorney with in-depth experience in this area of the law will know how to deal with the insurance company and make sure that you receive maximum compensation for your injuries.
If your accident happened in Pennsylvania, Caroselli, Beachler & Coleman is ready to go to work for you. Call our office today at 412-567-1232 or toll-free at 866-466-5789 or message us online for a free consultation and case assessment with one of our attorneys.
