When you file a personal injury case, the defendant’s insurance company may go to great lengths to discount your claim. Many people are surprised to learn that surveillance may be a common tactic used by insurance companies in personal injury cases to dispute injuries or disprove claims. But what lengths are insurers permitted to go to for evidence collection, and what can you do in the face of such tactics?
Learn more about the role of surveillance in personal injury cases. Then, consult a personal injury lawyer in Mobile, AL, for guidance on your next steps.
What Level of Surveillance Is Lawful in Alabama?
Surveillance in personal injury cases may feel like a significant invasion of your privacy, and you may wonder how this practice is legal. In Alabama, surveillance is only legal in personal injury cases when it adheres to strict guidelines.
Insurance companies can only film or record you in public spaces. However, there is a wide range of “public spaces” in which an insurance company might attempt to watch you. The insurance company, or, more specifically, the private investigators hired by the insurance company, might:
- Film you from a public vantage point outside your home
- Record your activities outside, such as in a park, outside a store, walking around your neighborhood, etc.
- Film you near public-facing businesses, such as a grocery store or gym
It is also lawful for the insurance company to monitor your public online activity, such as your social media posts, photos, check-ins, and comments. In some cases, they may be able to access your private activity through subpoenas or even by requesting screenshots from people who are your friends on these platforms.
However, there are many surveillance activities that would be unlawful for an insurance company to engage in, such as:
- Violating wiretapping laws to gain audio from you
- Trespassing on your property to surveil you
- Installing tracking devices on your vehicle or belongings
- Hacking your online accounts
You shouldn’t need to worry about an insurance company using these tactics during your claims process or the discovery phase of a lawsuit. Understanding what types of surveillance are and are not legal can help you feel more comfortable with the idea of being surveilled.
What Are Insurance Companies Looking for When They Surveil You?
Why do insurance companies use surveillance in personal injury cases? You may feel this is unreasonable because it’s not like you committed a crime. Additionally, you may feel the insurance company’s client is the one who is responsible for the accident and that you did nothing wrong.
The main reason an insurance company would use surveillance in your case is to attempt to disprove any of your claims, weakening the case. If they can prove that you were dishonest about even one element of your case, they can place doubt in the judge’s or jury’s minds. Alternatively, if your case is still in the claims phase, they can use this evidence to deny the claim.
Here are a few examples of how insurance surveillance is used:
- You have claimed that your doctor ordered you not to lift more than 10 pounds during your injury recovery, but the investigator sees you lifting heavy weights at the gym.
- You stated that you seriously injured your back in the accident, but the investigator sees you effortlessly lifting boxes at work.
- You have claimed that the injuries have prevented you from living your normal life, but the investigator finds images of you dancing at a party on social media.
In each of these examples, the insurer might use the evidence collected to suggest that you were lying about your injuries or that they are not as severe as you claim. This evidence alone may not be enough to disprove your claim, but it could be combined with other evidence that weakens the case overall.
What Should You Do if the Insurance Company Is Surveilling You?
Knowing that the insurance company involved in your case may be surveilling you can be concerning. Your personal injury attorney can help you understand your options and how to proceed.
First, it might help you to know your rights surrounding surveillance. You generally have the right to discover details about the surveillance, though it may not be until after deposition, depending on court rules. You should also understand the types of surveillance the insurance company can lawfully conduct, and know that when you are in a private setting, surveillance would be unlawful.
You can generally act normally even if you know you are being surveilled. If you have a strong case, you shouldn’t need to worry about the insurer finding evidence against you. But you may want to at least be aware of how certain actions or social media posts could come across to the insurance company.
Finally, you may want to contact an attorney to learn more about your rights and options. A personal injury attorney can help you with proving fault in your personal injury claim and understanding the insurance company’s rights, along with the legal implications of their finding evidence that weakens your claim.
Contact Jackson & Foster Law Today for a Legal Consultation
Surveillance in personal injury cases is just one of the many aspects of your legal claim that may feel unfamiliar. With an experienced attorney on your side, you can feel more comfortable and confident navigating your case while understanding the mistakes to avoid that could compromise your claim.
Jackson & Foster Law represents clients across the Mobile, AL, area through personal injury cases and insurance litigation. We offer affordable representation backed by nearly 40 years of experience.
Contact us today at 251-433-6699 to request your free legal consultation.
