People who were injured in an accident may be surprised to learn that insurance companies can lawfully hire a private investigator to monitor them as they go about their daily lives. These recordings are attempts to protect the insurance companies’ financial interests, and insurance adjusters may try to use them to catch people engaging in activities that contradict their claims of injuries.

While this process can feel unsettling, it does not mean you have done anything wrong. It simply reflects the lengths insurance companies will go to limit what they pay. After an accident, the experienced personal injury attorneys at Muth Law, P.C., can help protect your privacy and ensure your claim is handled fairly.

Insurance Companies Conduct Surveillance to Minimize Payouts

One way insurance companies increase profit is by collecting more in premiums than they pay out in settlements. Adjusters assume a certain percentage of claimants exaggerate the limitations caused by their injuries. One way to reduce settlement amounts is by identifying exaggerated or fraudulent claims. For claims that could cost the insurance company hundreds of thousands of dollars, spending a few thousand dollars on personal injury surveillance makes financial sense for them.

Common Surveillance Tactics Used by Insurance Companies

Insurance companies use surveillance to try to gather evidence that contradicts the injured person’s claims of injuries or limitations. They use various tactics to take surveillance of injured people. An insurance company may hire an investigator to:

• Follow the injured person throughout their daily routine looking for activities that suggest their injuries are not as severe as they claim.
• Film the injured individual performing physical activities like lifting heavy items, participating in recreational activities, or performing chores like mowing the lawn or washing the car.
• Monitor the injured person’s employment to see if they are performing job duties that are inconsistent with their claimed limitations.
• Interview neighbors or coworkers about the injured individual’s routines and activities.
• Follow the injured person’s vehicle to observe their movements and activities.
• Monitor social media for posts, comments, or tags that suggest physical activity or travel that is inconsistent with their injuries.

Is Personal Injury Surveillance Legal?

Under Michigan law, insurance companies can lawfully observe people in public spaces where there is no expectation of privacy. This includes streets, parking lots, and other open areas.

Surveillance becomes unlawful when it involves trespassing onto private property without permission, filming through a home window or inside private spaces, or using electronic tracking devices without consent. If investigators violate these limitations, the evidence obtained may be excluded from legal proceedings and the injured person could have grounds for a claim of invasion of privacy.

How Surveillance Videos Can Be Used Against You

Surveillance can impact how insurance adjusters evaluate your claim. An insurance adjuster or defense attorney may use surveillance evidence to suggest your injuries are not as severe as your claim, that you are exaggerating your injuries, or that you are not credible. However, just because you can perform a single activity does not mean you have healed completely. Recovery includes aspects that are not visible on camera, including pain, fatigue, and physical limitations.

How to Protect Against Insurance Surveillance

Many people understandably feel violated and angry when they learn an insurance company took photographs or video of them without their knowledge. Even though insurance surveillance in personal injury cases is legal, it can feel demeaning and disrespectful.

The best way to protect yourself from personal injury surveillance is by following your doctor’s orders and telling the truth.

• Follow your doctor’s orders about what activities you can and cannot do. If your doctor tells you not to lift items that weigh more than 20 pounds, don’t!
• Follow your doctor’s recommendations for medical care and treatment, and be sure you attend all of your scheduled appointments. You will heal more quickly, and your doctor will be better positioned to explain the severity of your injuries and what you can and cannot do.
• Be careful on social media. Do not discuss the accident or your injuries, and avoid posting photographs that could be misconstrued. Ask your friends and family to avoid posting about you or tagging you in their posts.

If you suspect surveillance, do your best to act as if you are not aware it is happening. Video footage of a person acting angry, defensive, or exaggerating their injuries will not look good to the jury. Tell your attorney right away that you suspect insurance surveillance. We can provide guidance on how to handle the situation and verify whether the insurance company has initiated an investigation.

Also, understand that everyone has good days and bad days. This is why we advise clients not to exaggerate their symptoms. If your condition varies, be honest about it. A single video on a good day will not necessarily undermine your claim. And a video that shows you struggling with daily activities could actually help. A well-documented medical history that reflects the full range of your experiences will help protect your claim.

Contact a Personal Injury Attorney at Muth Law, P.C., Today

Muth Law is located in Ann Arbor and represents clients in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. Contact us today to schedule a free, confidential consultation to discuss your personal injury matter. Call 734-481-8800 or contact us via e-mail. We look forward to serving your family.