Am I being followed?
You look over your shoulder, walk a few steps, and look again. You just can’t shake the feeling that someone is behind you. But surely not – this isn’t a Hollywood blockbuster after all.
If you are claiming compensation for your injuries, you could very well be the subject of surveillance. It is common practice for insurance companies to hire private investigators to film and photograph you as they prepare their defence. They may follow you or set up base outside your house.
What does this mean for your case?
There are two ways that insurance companies can use surveillance against you.
To show what you can do:
The first way is to use surveillance as substantive evidence of your physical capabilities. For instance, footage of you cutting your lawn could be shown to the jury to demonstrate that your ankle injury isn’t that serious, or that you don’t need assistance with home maintenance. To use surveillance in this way, the insurance company must produce it to you long before trial.
To suggest that you are untruthful:
The second way is to use surveillance for impeachment purposes. If you testify that injuries prevent you from cutting the grass and surveillance shows you doing just that, the video or photographs can be shown to the jury for the purpose of hurting your credibility.
When Does Stalking From Insurance Companies Become Harassment?
This kind of behaviour becomes harassment when you begin to fear for your safety. While some measures are meant to gather information, it is possible that others could be used to intimidate you as you go about your day-to-day life. Perhaps you have been approached in the grocery store or followed dangerously closely while driving down the road. The uneasy feeling is a natural response. Any measures that are taken to intimidate or stalk you are sure to bring this feeling up.
In addition, it’s possible for this kind of surveillance to become harassment if it may impact your family’s safety. The tactics used by these companies can be subtle but intrusive enough to make you feel uncertain or uncomfortable. A pattern can be established if this surveillance does not cease and makes you feel as though it has negatively impacted your life.However, it can be difficult to prove exact information that your insurer is harassing you or those close to you.
What You Can Do if Your Insurance Company Becomes Intrusive
If you are being stalked or further harassed by your insurer, they are likely looking for details to bolster their case..Do not be intimidated by what is happening, despite your concerns because you have not done anything wrong. Don’t push yourself to do things you can’t do, and approach tasks outside your capabilities with caution. Finally, be careful about what you post online. Even a throwback photo could lead your insurance company to believe that you are currently on vacation or doing something you shouldn’t be given your injury.
If someone oversteps while surveilling, contact your lawyer, you may have recourse. For example, a complaint can be made to the Ministry of the Solicitor General. You can discuss your options with your personal injury lawyer to determine the next steps. At Bergeron Clifford, our lawyers understand both sides of the system inside out. Our extensive experience with insurance firms enables us to provide sound advice to deal with these situations effectively.
Remember, only surveillance that is inconsistent with your story is damning. If you’ve been upfront and honest about your injuries and capabilities, surveillance is useless. To learn more about how our team can help you throughout your claims process, contact us.
Also, consider reading this external article.
Watch this video.