Is it Legal for an Insurance Company to Videotape Personal Injury Claimants?


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If you are making an insurance claim for personal injury damages, it would best to mind all your actions because some insurance companies will do anything to save the money from compensating your injury.

Insurance providers are known for trying to avoid spending the large amount of money for a personal injury payout. One of the clever methods insurance companies use is surveillance of personal injury claimants.

Understanding Personal Injury Surveillance

Generally, personal injury surveillance involves videotapes that insurance firms use to help them avoid paying large amount of money to injury claimants. The video recordings may be used by the company to convince the legal court handling the case that the plaintiff does not deserve the damages.

Usually, the company hires a private investigator to monitor and to video record the activities of the injury claimant. The investigators main objective is to record any movements that show that the plaintiff is not injured in the way he or she is claiming.

For example, a victim is claiming for personal injury compensation due to fractured ribs sustained from a car accident, and he is taped jogging. The defending insurance company may persuade the court that the plaintiff is not really injured and should not be compensated.

Legality of Surveillance

Some people may think that it is illegal to videotape a person’s activities, but usually it is not. In California, for example, it is only illegal if surveillance cameras or "hidden cameras" are installed without authorization in private places. Such places include locker rooms and restrooms.

Surveillance of a personal injury claimant may only be considered illegal if the surveillance was done in violation of a reasonable expectation of privacy. In other words, if the surveillance was performed in private places such as restroom, changing room, or motel room, the action may be considered unlawful.

Suggested Tips for Personal Injury Claimants

With the high availability of technology, nearly everyone can record your every move, which is why an injury attorney usually advises claimants to mind all of their public actions. A single mistake may ruin your whole claim, so it is always a must be more cautious.

Claimants should not consider exaggerating or fabricating lies about their injuries because it may just compromise the case.

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