How can I protect myself from being spied on by the insurance company? (2024)

How can I protect myself from being spied on by the insurance company? (1)If you were injured in a car accident that was caused by a negligent driver, you may expect to be treated fairly by their insurance company when you file your claim. Unfortunately, our San Diego car accident attorney says they are more likely to do everything they can to deny your claim or pay you less than you deserve in your settlement.

One common tactic they may employ is to spy on your while your claim is being resolved. Here are the steps you need to take to protect yourself so that you receive all the compensation you are entitled to for your injuries.

Understand the Common Ways the Insurance Company Could Be Spying on You

The first thing you need to do to protect yourself is to understand why the insurance company would want to spy on you and the common surveillance tactics they may use. They are looking for damaging evidence, such as catching you doing activities that you should not be able to do given your injuries, that they can utilize to deny your claim or to force you to accept less money in your settlement.

When will they engage in these tactics? You should be prepared for them to spy on you at any time before your claim is settled. However, you should be especially cautious before an examination by their doctor, your deposition, and your jury trial because these are the most common times that the insurance company would engage in surveillance.

The insurance company could hire a private investigator to spy on you. Here are some of the common tactics they could employ:

  • Stakeouts. In a stakeout, a private investigator would monitor your activities in one location either by hiding out in a vehicle or through the use of a video camera. They may switch vehicles and investigators watching you so that you do not realize they are spying on you.
  • Tracking. The private investigator could also follow you around to track where you are going and the activities you are engaging in. As in a stakeout, they may switch cars and investigators so it is not obvious what they are doing. Another way they could track you is through a GPS device.
  • Electronic monitoring. Another common surveillance tactic is to search your social media posts for damaging posts, photos, and other information that they can use against you. The insurance adjuster and the attorney for the insurance company could also search your Facebook, Twitter, and other social media accounts.
  • Interviews. The private investigator could try to interview your family, friends, neighbors, or co-workers in addition to these other surveillance tactics.

Take These Steps to Protect Yourself From Insurance Surveillance

Once you understand the ways the insurance company may spy on you, you can take actions to protect yourself and to prevent their tactics from weakening your claim. Here are five tips on what you should do.

#1: Follow Your Doctor’s Advice

You should follow your physician’s instructions on the activities you can engage in. If your doctor tells you not to lift things over a certain weight or advises you not to do certain activities, don’t go against their recommendations. This will prevent a private investigator from taking a damaging photo or video of you doing something you should not be able to do given your injuries.

In addition, follow your doctor’s advice on what medical treatment you need and go to all of your appointments. This will help you heal faster and help you prove how serious your injuries really are.

#2: Limit Your Social Media Posts

Ideally, you should stay off social media sites while your claim is being resolved. If this is not possible, you should limit what you post on social media sites so that you do not give the insurance company ammunition to deny your claim. Do not discuss your car accident or your injuries or post pictures that could be misconstrued on Facebook, Twitter, Instagram, or other sites.

You should also only accept friend requests from family and friends. The insurance adjuster or detective could try to friend you so they can monitor your accounts more closely.

#3: Ask Friends and Family Not to Post About You

You should ask your family and friends not to talk about you, post pictures of you, or tag you in their social media posts. The private investigator or insurance adjuster may also search their social media sites for damaging information about you.

#4: Know Your Rights

A private investigator can spy on you in public locations or if you are outside your home. However, you do not have to allow them into your home or onto your property. If you ask them to leave and they refuse, they are a trespasser. If you feel unsafe, call 911.

#5: Hire a San Diego Personal Injury Lawyer

One of the best ways you can protect yourself from the insurance company spying on you is to retain an experienced car accident attorney. They can give you additional tips on how to protect yourself and will fight with the insurance company so that you receive the maximum recovery in your settlement. In addition, it is less likely that the insurance company will excessively spy on you or try to take advantage of you if you are represented by a lawyer.

Were you injured in a car accident that was not your fault in Southern California? Contactmy San Diego office to schedule your free case evaluation today to learn how I can assist you.

How can I protect myself from being spied on by the insurance company? (2024)

FAQs

How can I protect myself from being spied on by the insurance company? ›

Do not discuss your car accident or your injuries or post pictures that could be misconstrued on Facebook, Twitter, Instagram, or other sites. You should also only accept friend requests from family and friends. The insurance adjuster or detective could try to friend you so they can monitor your accounts more closely.

How to avoid insurance surveillance? ›

What Can I Do to Protect Myself?
  1. Follow your doctor's orders. ...
  2. Don't overshare on social media. ...
  3. Turn up your privacy settings. ...
  4. Stop accepting new “friends” and make your social media pages private: If you get a friend request from someone you don't know, never accept it.

Are insurance companies allowed to spy on you? ›

Remember, it's completely legal for them to surveil you. The person conducting the surveillance can not go onto private property, but if they're on public property, they can videotape or follow you.

Do insurance companies send people to watch you? ›

While the insurance company may follow you at any time, there are certain times where it is most likely to occur. We typically see insurance companies conduct surveillance around claim-related appointments.

Can insurance investigators track your phone? ›

Insurance can track your phone logs for evidence if they have reason to believe you were distracted on the phone at the time of the accident.

Do insurance companies look at camera footage? ›

After a car accident, any insurance company will use video surveillance in order to determine what took place, what damage was caused, and to try to work out who was at fault.

How do insurance companies screen for suspicious activity? ›

SARs are used to prevent and report the activities that seem to be related to money laundering. These reports can generate leads for law enforcement agencies. The insurance broker notifies the insurance carrier when suspicious activity occurs. Insurance carriers file SARs with FinCEN.

Can you sue a company for spying on you? ›

Under California law, employers can be sued if they violate their employees' reasonable expectation of privacy. However, there must be evidence of the following: The employer violated the employee's right to privacy. The employee had a reasonable expectation of privacy.

Do insurance companies check your phone? ›

They will use your phone information to determine if you were on the phone while the accident occurred. If so, that could prove you were distracted. The insurance company may determine if you were texting at the same time or just before the accident, also to prove that you were distracted.

Do insurance companies tap your phone? ›

Insurance companies cannot tap your phone, but they can request to see your phone records. They may ask you directly or they may go through court channels.

Why do insurance companies do surveillance? ›

If you've been in an accident, you may be surprised to learn that the insurance company may start surveillance on you to collect evidence against you, as an accident victim.

How do insurance companies track you? ›

Insurance tracking devices are small devices that gather information captured by your car's computer and provide it to the insurance company. The devices won't change the way your car operates (they won't limit your top speed or when and how you drive) and won't cause any harm to it.

Why do insurance companies record you? ›

Insurance adjusters will ask for a recorded statement as they are gathering information soon after the accident. This helps them to determine fault and how much compensation should be paid. Everything you say in your statement will be transcribed and put into a document, which becomes part of your claim file.

How do private investigators eavesdrop? ›

Technical or audio/visual surveillance

A private investigator makes use of visual and audio recording tools such as cameras, microphones and smartphones to record and document evidence.

Can insurance companies look at text messages? ›

The insurance company may also request access to your text messages and social media accounts to look for evidence of distracted driving. Lastly, the insurance company may request access to your location data to track your movements before the accident.

Is it legal for homeowners insurance companies to spy on you? ›

It's perfectly legal. They can set up right outside your home, or outside where you work place. But usually they try to do it in such a way that you will not notice them. That's the only way they can really “catch” you.

How can we avoid surveillance? ›

Utilizing physical barriers and obstructions to obstruct camera view is one effective method to avoid surveillance cameras. By strategically placing objects or structures in the line of sight of the cameras, you can significantly reduce the chances of being captured on video.

How do you stop surveillance? ›

Encrypt and password protect your device. Maintain physical control of your device when possible. Use trusted Virtual Private Networks. Disable geo-location options and cover camera on devices.

Does long-term disability spy on you? ›

One of the most frequently asked questions in our long-term disability practice is “Will my long-term disability insurance company spy on me during this process?” More often than not, unfortunately, the answer is YES!

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