While it doesn’t happen with every single workers’ compensation or personal injury claim, it’s certainly not uncommon for an insurance company to hire a private investigator to do some deeper digging into an individual or their injury claim. But what type of investigation can this person do, and what actions are illegal and off limits? In today’s blog, we take a closer look at what private investigators can and can’t do when researching an injury claim.
What Can Private Investigators Do With Your Injury Claim?
Sometimes an insurance company will bring a private investigator aboard to take a real close look at an individual who is attempting to win a claim award. Oftentimes the focus is on whether or not the individual is actually as injured or disabled as they claim to be. And while they can’t break into your doctor’s office and steal your medical records, they have a few different ways they can legally obtain more information about your injuries, oftentimes without your knowledge. Some common tactics include:
- Reviewing and monitoring your social media accounts
- Contacting friends, family and co-workers to ask them questions
- Asking questions directly to you while not revealing their true identity
- Surveil you in a public place
- Taking pictures or video evidence of your actions from public spaces
These private investigators are looking for any information or action that would suggest you may not be telling the whole truth about your claim. For example, if you said you had a debilitating back injury, but you posted pictures on Instagram of your recent ski trip, it could cause problems for your claim. Or if you claim to need a crutches or a walker to get around, but they watch you walk in and out of a coffee shop without assistance, they may use this information to reject or adjust your claim.
What Private Investigators Can’t Do
As long as they are acting within the law, private investigators can dig into your life, even if that seems a bit uncomfortable. However, if their actions cross the line and become illegal, any evidence collected during this act would be inadmissible and could warrant additional legal action being taken by law enforcement. A private investigator is not allowed to:
- Trespass on private property to surveil you
- Break into your home or work location to gather information
- Hack into your email or social media accounts
- Put a tracking device on your car, persons or possessions
- Impersonate law enforcement as a means to gather evidence
You probably don’t need to be looking over your shoulder all the time if you are in the middle of pursuing an injury claim, but at the same time, you do want to be cognizant of your actions and avoid doing anything that could end up hurting your claim. Assume that a private investigator or claim’s adjuster is able to see everything that you do, and you should have no problem avoiding trouble. Don’t share things on social media that could be misconstrued, don’t step outside your work restrictions and don’t lie about the extent of your injuries, and you’ll have nothing to fear.
And as always, if you want to give yourself the best chance to maximize your injury award, you’ll want an injury lawyer by your side. Let Dean and the team get you the most for your injury claim and ensure the insurance company can’t take advantage of your inexperience. For more information, or for help with a different injury claim matter, connect with Dean’s office today by calling (952) 230-2700.
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