This article describes the tactic of surveillance conducted by insurance companies in personal injury cases such as automobile accidents, slips and falls, defective product and workers' compensation cases. Carroll & Carroll, P.C. often handles cases where the insurance company attempts to disprove the alleged injury or the extent of the injury by the plaintiff. This article explains how to fight this type of insurance company tactic. This article describes the tactic of surveillance conducted by insurance companies in personal injury cases such as automobile accidents, slips and falls, defective product and workers' compensation cases. Carroll & Carroll, P.C. often handles cases where the insurance company attempts to disprove the alleged injury or the extent of the injury by the plaintiff. This article explains how to fight this type of insurance company tactic.
Personal Injury
Premises Liability: The Slip and Fall
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The Personal Injury Law Suit: Surviving Surveillance

Surveillance by private investigators hired by the insurance company defending your claim for compensation is an unfortunate fact of life when you have issued an accident claim.

Although surveillance is most commonly used in car wreck or motor vehicle accident claims, it is also used in other situations such as slip and falls or product liability claims where damages are claimed for personal injury.

Here are some survival tips from an experienced personal injury lawyer to help you deal with the inevitable surveillance:

- Never, never exaggerate your limitations or the extent of your injuries from your accident when speaking to the insurance company or when going through the legal process. Assume that if you have played golf, they know. Assume that if you went hiking in the mountains they know. Assume that if you took a tire out of your trunk to fix a flat, they know.

- If you spot your "tail" make a note of the date and time and what you have been doing over the previous 3-4 days. Surveillance tends to go in bursts over several days. If you are mindful of what the investigator may have seen, it helps you prepare to testify.

- Expect to be photographed or videotaped when you attend medical appointments, mediation or examinations for discovery. The insurers know where you'll be and at what time, so you are easier to find and observe. For example, we had one case where our client was observed having a smoke break during the mediation. We have had many others where our accident victim clients have been videoed headed in and out of physiotherapy.

- Don't speak to the investigators. They should not approach you and you should not approach them. If they try to speak to you or interview you, decline and let your personal injury lawyer lawyer know right away.

A common defence tactic is to obtain surveillance. Then, on examination for discovery, to try to elicit evidence that can be contradicted by the surveillance. For example, the insurance company might try to get footage of you walking without your cane, and then get evidence from you where you say you cannot walk without a cane. Contradiction achieved! Remember, surveillance can only hurt you if you are shown performing tasks that you deny being able to perform.

Sometimes surveillance helps you. If the insurer shows a video to the jury, your own medical expert may point out a problem with your walk or some other issue that will actually support your claim. Or you may be observed taking a rest or requiring support in some other fashion.

As is so often the case in a personal injury case, the most important aspect is to be as accurate as possible about the impact of your accident.

Here's another article on a different type of "surveillance" by insurance companies....using Facebook.




Brenda Hollingsworth and Richard Auger are personal injury lawyers representing accident victims in Ontario, Canada. Their law firm is Auger Hollingsworth, located in Ottawa. They are the authors of "An Injured Victim's Guide to Fair Compensation". To get free copy of this book, contact http://www.personalinjurottawa.ca ; email info@personalinjuryottawa.ca or call 613.233.4529.
©2009 Carroll & Carroll, P.C., All Rights Reserved, Reproduced with Permission
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