Can Insurance Companies Use Private Investigators to Deny Claims?

Car insurance companies (and insurers in general) use many tactics to deny claims. When you find out that a private investigator has been trailing you, it can feel like a violation of your rights. This practice, however, is fairly common and can sink your case if you're not careful.

According to an Atlanta car accident lawyer from Bader Scott familiar with this practice, you need this information to protect your claim and get the compensation you deserve. An attorney will be of utmost assistance when making a stand against insurance companies, but it would be best if you knew what to expect beforehand.

Why Do Insurance Companies Hire Private Investigators?

Insurance companies claim to use private investigators to cut back on fraudulent claims and keep their premiums low for their clients. While a small number of people try to engage in fraud, the insurance companies' real motivation is to avoid paying legitimate claims outright or reduce their liability.

Insurance companies affirm that since most claimants make legitimate claims, they would have no problem with the surveillance. However, insurance companies will often use flimsy reasons to deny claims, including sustaining that your injuries are not as severe as you report, discrediting your statement, and saying that the accident was avoidable.

Suppose your claim is that you were injured so badly from the accident that you can no longer work. In that case, the insurance company can use photos of you going to the gym, lifting heavy grocery packages, or spending time out with friends as evidence that your injuries are not as severe as you claim. It means that you can miss out on money owed to you. Insurance company surveillance can sink your case, even if your claims are legitimate.

Are There Legal Limits to This Surveillance?

Even though watching someone on public streets is legal, there are limits to what the insurance companies can do when surveilling someone. First, private investigators cannot intimidate you during their surveillance. It means that they cannot camp out behind your car to see when you leave home or make you feel overly uncomfortable as part of their work. Private investigators cannot trespass on private property while conducting their investigation. Moreover, they cannot sit on your front porch if you don't want them there. Simply ask them to leave if they do. If they don't leave, they can be charged with trespassing. In addition, they cannot stand outside of your property and record you inside your home.

Private investigators are also not allowed to wiretap your phones or record private conversations between you and others.

How Can I Protect My Claim?

Insurance companies pay private investigators to dig up information on you. Don't give them any ammunition. Don't go on social media talking about the wild party you threw last night, and better yet, don't throw any wild parties if you're claiming that you have debilitating injuries. If your doctor has told you not to lift more than 25 pounds, don't go to the home improvement store and lift 50-pound bags of concrete mix into your truck. Not only can the investigator spot you, but you can also make your injury worse.

Does Every Insurance Company Hire Private Investigators?

Typically, the insurance company will only hire a private investigator when big money is at stake and they don't want to pay it. This typically applies to major injury settlements like those involving semi-trucks or devastating injuries. However, the best course of action is to assume that you're being observed in the days and weeks after your accident.

Bottom Line

If you have been injured in any type of accident, you will need a lawyer to help you fight your case. Choose a law firm that has handled many cases over the years, even those in which the insurance companies tailed their clients. Talk to your attorney to learn how they handle such surveillance situations and how they can help you get the compensation you deserve. Most reputable law firms have their private investigators, so you, the party at fault, the insurance adjuster, and even witnesses will most likely go through background checks and some surveillance. Be honest, don’t hide anything from your attorney, and make sure you don’t give “the others” reasons to deny or cut down your owed money.