Insurance Claim Lawyer: How Insurance Companies Use Surveillance Evidence

Posted on September 27, 2018 by cjblog

When you file for disability, the insurance company will try to avoid paying out and delay approving your claim. They may even use surveillance tactics to obtain evidence for a claim denial. If you suspect that the insurance company is watching you, contact an insurance claim lawyer who can help you protect yourself and your claim. Call CJ Henry Law Firm today for more information.

Insurance Companies Will Use Surveillance Evidence Against You

Insurance companies often use surveillance tactics to disprove all or part of a disability claim, trying to uncovering evidence that will lead to the truth in a matter. They may dispute the limitations you are claiming or prove that you are not disabled at all.

The insurance company may hire a professional surveillance company to take pictures and videos of you while you go about your daily business. This can seem intrusive, but if you are in a public location, it is generally legal. If you suspect you are being watched, you should contact an insurance claim lawyer as soon as possible. An attorney can give you advice on how to conduct yourself to protect your claim.

Where Can an Insurance Company Follow Me?

It should be illegal to follow you around and take pictures and videos of your actions, right? Unfortunately, however, courts have ruled that you do not have a “reasonable expectation of privacy” in public places. Also, if you have signed an authorization for the insurance company to obtain information about your claim, then the company may be able to gain access to more private locations as well, such as gated communities.

The insurance company cannot generally document you inside of your home or inside of someone else’s home. Those places have a higher level of expectation for privacy. You have a right to expect privacy inside a home, such as  your bedroom, bathroom, and other places indoors. However, if you are at an amusement park, doctor’s office, gym, or driving your car, then you do not have such a high expectation of privacy. These locations are generally considered “public,” and you may be the subject of surveillance.

If you believe that the insurance company has photographed, recorded, or videotaped you inside your home or somewhere else you expected privacy, contact an insurance claim lawyer. Although the insurance company can collect evidence, they must remain within legal limits to do so.

Surveillance Terms to Remember

Surveillance tactics will vary. However, general tactics may include the following:

  • Fixed Surveillance – This is often known as a “stakeout,” and includes an investigator sitting in a fixed location, often near your home or office. This may take place for a brief period of time or an extended time period. Insurance companies may use fixed surveillance to learn about your daily activities between 5:00 a.m. and 7:00 p.m.
  • Stationary Technical Surveillance – This often uses technology placed in specific locations that you frequent. This may include video or sound recorders where you often visit. Technical surveillance is often used instead of a human investigator.
  • Tracking – This involves tracking where you go for a period of time. The insurance company may be interested in your daily activities or whether or not you are actually attending medical appointments. They may use GPS, human surveillance, or a location app.

What Should You Do If Someone Visits Your Home?

Insurance field representatives may visit your house and ask if they can speak with you inside. They will use the information that they obtain from these visits to support their surveillance tactics. They may look at your home or office in order to:

  • See where you live, what you sit on, when you stand and walk, and what you drive.
  • Assess your focus, memory, and concentration during the interview.
  • Count how long you can sit, stand, and walk during the interview.

If an insurance field agent asks to visit with you inside your house, you should request that the interview take place in front of your insurance claim lawyer.

An Insurance Claim Lawyer Can Help

We're familiar with how insurance companies conduct surveillance and work to disprove claims. It’s best to work with a professional who can guide you through the claims process and help you deal with insurance company tactics. If you believe surveillance is occurring in your case, call an insurance claim lawyer today at CJ Henry Law Firm.

This entry was posted in Blog by cjblog.