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Insurance companies are known for the use of any tactics necessary to gain the upper hand against you when you have filed a claim. They know you may have a legal entitlement to their money, and they want to undermine your claim to the fullest extent possible. Insurance companies are known to use surveillance to challenge your damages and the nature of your claim. Therefore, you must exercise discretion when you have a claim pending in front of an insurance company.
To learn more about potential mistakes that could make your claim more difficult, contact the experienced Lancaster personal injury attorneys at Schiller & Hamilton today.
How Insurance Companies Conduct Surveillance
Insurance companies can use several tactics to conduct surveillance on you. One common method is checking your social media account. When the insurance companies receive your claim, they may review your posts to see what your life has been like after the accident. They may see you posting about activities that could be contradictory to the claims you are making about your damages.
It is not unusual for insurance companies to conduct human surveillance on you when they believe it to be necessary, particularly if your case involves a large amount of money. Insurance companies hire private investigators to follow you and conduct surveillance, including all comings and goings in your day.
The deeper your case goes in the legal process, the more likely the insurance company is to conduct surveillance. Oftentimes, they will surveil you after your deposition has been taken in a personal injury lawsuit. You have given testimony under oath that could be proven false, leading to potential legal consequences.
Privacy Concerns With Surveillance
As it relates to privacy, there are very few limits on what the insurance company can do when they are watching you. A private investigator is permitted to follow you when you leave the home because you are on public property. The only restriction? They are not allowed to conduct their surveillance in a harassing manner.
The insurance company is not allowed to look into your home. Additionally, their investigator cannot position themselves in a surrounding building and cannot aim a telescope or camera through your window into your home. That behavior would be considered an invasion of privacy, and you may be able to take legal action against the insurance company.
The Consequences of Insurance Company Surveillance
The most obvious consequence of insurance company surveillance is they could contest the nature of your damages. If you claim you have experienced a certain degree of pain and suffering after your injury, the insurance company may argue you are not suffering to the claimed extent because you were able to perform certain activities. The insurance company may also contest a claim for loss of enjoyment of life if you seem to be engaged in activities.
You may also face legal consequences when you have stated facts in a claim that are inconsistent with reality. In some cases, the insurance company may seek to have you prosecuted for fraud. Filing a claim with inaccuracies can be grounds for legal punishment against you if you are found to have lied. Either way, once the insurance company uncovers evidence that you are acting in a manner that is inconsistent with your claim, they will certainly gain the upper hand in settlement negotiations with you.
If you have testified inconsistently with what the insurance company has found, you could even face perjury charges, a charge that is a felony and could lead to jail time.
Avoiding Crucial Mistakes After You Have Filed Your Claim
Posting anything on social media or going about your daily business as if nothing happened to you are common mistakes that claimants make after they have suffered a personal injury. It is entirely possible that you could do something that would undercut your claim and cost you money. One of the most important things to do is act with discretion and avoid making any mistakes. Act at all times as if someone was following you to all places. It is not being paranoid but rather pragmatic, avoiding anything to undercut your claim.
Perhaps the best way to avoid making key mistakes that could jeopardize your claim to contact an experienced personal injury lawyer as soon as possible after your injuries. Once you make an error, it can be virtually impossible to undo it. Once the insurance company has evidence they can use against you, they will not hesitate to do so to save them money.
Contact Our Experienced Lancaster Personal Injury Lawyer
The experienced personal injury lawyers at Schiller & Hamilton can give you strategic legal counsel that can help you avoid these and other mistakes. Call us today at 843-379-5006 or send us a message online to schedule a free initial consultation with one of our attorneys. You do not have to pay anything upfront, and there is no fee to you unless we win your case.