The idea of having an independent investigator assigned to your case may be unpleasant, especially if you have a car accident, slippery, or other accident that was not your fault.
While it is true that insurance companies sometimes hire private investigators to gather information about people who apply for personal injury, it does not mean that they will invade your privacy or damage your case.
In this article, we will discuss how insurance companies use independent investigators in personal injury cases. We will also make your point more comfortable by discussing how experienced lawyers help you present your case in the best possible way.
Understanding Attention After a Personal Injury Claim
It is understandable if your initial reaction is anxiety or even fear when you learn that the wrong party insurance company has hired an independent investigator to follow you after the accident. In fact, people often think that such surveillance is wrong and illegal.
Using an independent investigator is illegal if the investigator follows certain guidelines (which we will clarify a bit). Insurance companies want to protect their policy, and monitoring fraudulent claims is a normal part of what they do. Surveillance also removes some of the fraudulent cases in the already frustrating court system.
This type of investigation is much deeper than using video images (such as a store or traffic camera) to see what really happened at the time of the accident. The job of an independent investigator is to dig deeper into the victim’s background and activities and to do so on a regular basis.
Typically, this expensive level of investigation is used in cases where injury claims are significant and the security and/or insurance company has reason to suspect exaggeration or actual fraud.
Proper supervision of a private investigator does not involve anything you can do for yourself but instead focuses on learning more about your publicly available information.
For example, an insurance company investigator might:
- View your social media profiles
- Remote tracking in public places
- Check your public records
- Taking photos in public places
- Monitor your professional profiles or business activities
Talk to your neighbors, customers, coworkers, or other people you know
Search criminal record
And, while this may not be comfortable, it is completely legal and something that insurance companies always do. In recent years, smart phones and social media have made it much easier to take pictures, find out who you know, and monitor what you do, and insurance companies take full advantage of that easy access.
What Do Independent Investigators Want?
The primary function of an independent investigator is to determine if your actions support what you say in your personal injury application. They look very closely at any sign that you are exaggerating or even making how your injury affects your health to damage your integrity.
For example, suppose your workers’ compensation claim is a neck and spinal injury that has made it very difficult for you to raise boxes at your workplace or at home. An independent investigator may view your photos on Facebook with your young child, or visit a store where you work, to see if you are raising things in a normal way.
An honest investigator may not find any objection to your claim. Of course, this is a good thing, and it may result in a team of defective team members. If the guard ends up supporting your claim but it is still used in some way in the case, it can weaken the defence and help your case.
What Are Prohibited Limitations for Independent Investigators?
As already mentioned, independent investigators must follow the law. This is not a criminal investigation, and your privacy should be respected.
Let’s put your mind at ease: An independent detective will never enter your home or invade your privacy. Things they may not do include:
- Touching your phone
- Taking photos / video through private window windows
- Escape
- Impersonating the police
- Access to protected information without permission
- Impersonating to get closer to you
Professional investigators do not try to make you feel nervous or intimidated. In fact, if they do their job well, you may not even realize that they are there because they will be living far away and not disturbing your health.
How Do I Know If I Have Been Observed by an Independent Investigator?
As we have said, private investigators prefer not to be seen, so they hide openly and meet with the crowd. However, a few tricks may inform you of their surveillance.
Remember: There is a good chance you will be investigated if your injury is serious or rare, your claim is significant, and / or you are asking for more money. Insurance companies will not place a cost and time on a private investigator over a scattered arm and a few thousand dollars.
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The car suddenly appears from your neighbourhood, grocery store, near the gas station, etc.
Additional interest and/or questions from neighbours, coworkers, etc.
You often see the same stranger, who never meets you, in the places you usually go
We cannot stress enough that, if you are actually an independent investigator, this is not something to provoke paranoia or fear. Just ignore their presence and live life as you usually do.
Personal Injury Survey and Independent Medical Examination
Independent medical examinations (IMEs) are medical examinations performed by professionals who may be associated with your problem in any way. Their purpose is to prevent bias testing of your injuries and general health condition.
Defective insurance companies may order IMEs on suspicion that your doctor may be biased against you. The point is, there is no way to know for sure if an insurance doctor will not take sides int.