You might feel like your every move is being scrutinized after a car wreck. Unfortunately, you might be right.
If you notice an unknown car parked near your home or receive a strange friend request online, a private investigator might be tracking you. Car insurance companies often use private investigators to damage crash victims’ credibility.
Being watched can feel deeply unsettling, but it’s important to keep a clear head. We have some tips for when a private investigator is surveilling you after a car accident.
But first, let’s look at why insurance companies hire investigators and what they can do.
Can insurers hire private investigators to spy on car accident victims?
Yes, and they frequently do. There is nothing illegal about an insurance company hiring a private investigator. However, the investigator must follow the law while conducting surveillance.
Why do insurance companies hire private investigators?
Apart from the evidence, the single most important thing you have when pursuing a car accident claim is your credibility.
Insurance companies are skeptical of almost every injury claim and always look for reasons to deny them. If an adjuster thinks you are not being fully honest about your injuries, they might hire a private investigator. The investigator’s goal is to gather evidence that shows you are not as disabled as you say.
Unfortunately, it’s easy to cherry-pick images and videos that make you look healthier than you really are. An investigator could get video of you lifting what seems to be a heavy bag of groceries or doing chores. What they wouldn’t document is how you had to rest for hours afterward.
How often do insurance companies use private investigators?
Insurance companies don’t hire private investigators for every personal injury claim, but it is a common tactic.
The insurance company will consider several factors when deciding whether hiring a private investigator is worth it:
- The complexity of your case
- The severity of your injuries
- How much you’re claiming in damages (and how much they stand to lose if your claim is successful)
- Any “red flags” that would make them question your credibility
- The insurance company’s budget for claim investigations
Even if your case is small and you haven’t noticed anything suspicious, that doesn’t mean you aren’t under surveillance. Assume that nothing you do in public or online is truly private until you settle your case.
What can a private investigator do during a claim investigation?
Private investigators have many options when they’re watching an accident victim. Tactics they might use include:
- Fixed surveillance: Sometimes called a “stakeout.” The investigator watches your activities from one spot, like a parked car or park bench.
- Stationary technical surveillance: Uses one or more unmanned devices, like cameras, to record your activities from a specific location.
- Electronic surveillance: Investigators monitor your online presence looking for damaging social media posts, photos, and comments. They also will get access to public records that are relevant. This includes criminal and property records.
- Tracking: An investigator follows you throughout your day, monitoring your activities and routines.
- Covert recorded conversation: A private investigator may try to interview you or other people who know you. Texas is a one-party consent state. This means the investigator can record these conversations without the other person’s knowledge or consent.
While insurance company surveillance might seem like a violation of your privacy, much of it is legal in Texas. Investigators must still follow several rules.
While a private investigator can watch your house from the road, they cannot trespass on your private property. They can’t film you in areas where you expect to have privacy, such as a bathroom or bedroom. They also can’t threaten you.
Most importantly, remember that a private investigator is not a police officer. They might be resourceful, but they have no more rights, power, or authority than any private citizen.
What should I do if I think a private investigator is watching me?
Remember, insurance companies don’t use surveillance in every injury claim. You don’t need to hide inside your home just because you were in a car crash. However, you should follow some basic rules to protect your personal injury case.
Don’t embellish your story to anyone
When you fill out a form or speak with a doctor, always give them honest and accurate information. You shouldn’t overstate your symptoms, speculate about your injuries, or change your story. Instead, stick to the facts that you know are true and be helpful, without oversharing.
If your statements are inconsistent, the insurance company will try to use them against you. You’ll also face a higher chance of surveillance if the insurance adjuster questions your honesty.
Your credibility is one of your most important assets in an auto accident case. Once you lose it, it’s very hard to get it back.
RELATED: How insurance adjusters trick you (and what to do about it)
Always follow your doctors’ restrictions
Life doesn’t stop when you’re injured. You still have a family to care for and a home to maintain.
On a good day, you might feel tempted to tackle your chores and errands. This is especially true if your symptoms seem to be improving faster than expected. You may feel capable of doing more.
Unfortunately, insurance companies will sometimes use footage of your “good” days or moments to damage your credibility. This tactic can be extremely effective in court even if it paints a very inaccurate and incomplete picture.
You should always follow your doctors’ restrictions to the best of your abilities, even on your best days. Ignoring your doctors’ advice might not only invite unfair surveillance, but also reaggravate your injuries.
Inform your personal injury attorney of your suspicions
If you believe you’re being tailed by a private investigator, let your attorney know as soon as possible. You do not need to try to confirm your suspicions beforehand, and you especially should not try to confront the suspected private investigator before talking with your attorney.
An experienced attorney can advise you on your next steps. If it is true that you are being watched, an attorney can often use that knowledge to your advantage in negotiations or at trial.
Limit your social media activity and set your accounts to private
Insurance companies love electronic surveillance. It’s inexpensive and remarkably effective. People often show themselves on social media as more active, happier, and healthier than they are. This is not what you want if you are making a personal injury claim.
While you don’t have to wipe your social media accounts entirely, you should set them to private. However, this is not a perfect solution. Private investigators often find ways to see posts meant to be private. If they do, that evidence can be used in court.
Always assume your social media posts are public, regardless of your privacy settings. Never post anything about your accident or legal case. To stay extra safe, avoid posting anything on social media until you resolve your case.
You should also monitor your friends’ posts and ask them not to share photos or posts about you, your health, or your activities. Your friends might try to be supportive, but any posts that minimize your symptoms or contradict stated facts could harm you.
Lastly, never accept a friend request from someone you don’t know. It may well be a private investigator.
RELATED: Posting on social media after a car accident: how it can hurt (or help) your case
Know your privacy rights
While a private investigator typically can monitor you without your consent, there are limitations on their powers. Private investigators cannot:
- Record you in private areas of your home, such as your bedroom, living room, or bathroom, without your permission
- Hack into your accounts or tap your phones
- Open your mail
- Enter your property without your consent
- Harass or threaten you
If you see someone trespassing on your property, you should immediately tell them to leave.
Call the police if an investigator refuses to leave your property, tampers with your mail, places a GPS tracker on your vehicle, threatens you, or makes you feel unsafe. You also should contact the police and your lawyer if you think someone hacked your accounts or used tricks to get your information.
A skilled personal injury lawyer can help you minimize the impact of an investigator
At Crosley Law, we know that one image or short video can’t tell the whole story.
Don’t panic if a private investigator records you walking your dog, taking your child to the park, or lifting grocery bags. Instead, consult with one of our experienced San Antonio personal injury lawyers. Our lawyers can discuss your legal options and help you create a plan to reduce the impact of the investigator’s report.
And we can do a lot more than simply coach you about what to do (and not to do) when you’re under surveillance. We also use cutting-edge techniques and expert witnesses to support our clients’ claims.
In any personal injury lawsuit, you can expect the defense will hire its own experts to bolster their credibility. That can include a private investigator. Your own team of experts can bring knowledge and experience to counter unfair and mistaken conclusions.
Crosley Law works closely with many experts including physicians, life care planners, economists, engineers, and rehabilitation therapists. They can prove that your serious injuries are legitimate and the monetary compensation you’re demanding is reasonable.
RELATED: The role of expert witnesses in Texas personal injury cases
Our lawyers often can reduce the impact of surveillance footage with expert testimony and aggressive advocacy. We might be able to show that the investigator broke legal or ethical rules. We could also prove that their report is wrong or unfair.
Case study: turning the tables on an aggressive private investigator
We’ve helped hundreds of car accident victims over the years, so we’re used to private investigators and their tactics.
While many investigators don’t cross legal boundaries, we’ve caught some harassing and intimidating victims. We turned those abuses into advantages for our clients.
Once, we represented a 71-year-old woman injured in a head-on collision. During the claim, she started noticing a car parked outside her house and felt as if someone was following her.
One morning, our client found someone had taken the air out of one of her tires and had to call her adult son to help with the repair. She thought that she had a stalker.
The truth was that the insurance company hired an investigator to trail her and take surveillance video. They had removed air from her tire hoping she would incriminate herself by putting on the spare.
At trial, Crosley Law’s lawyers emphasized how frightened our elderly client felt. We had the jury watch the investigator’s video. In the end, the jurors were so angry at the insurance company’s behavior that they awarded our client a larger verdict than expected.
RELATED: What to expect when you call Crosley Law
Crosley Law stands up for San Antonio accident victims
Crosley Law is one of the most respected personal injury law firms in San Antonio. We use sophisticated techniques to investigate our clients’ claims and demand fair compensation for their injuries.
Don’t let a nosy private investigator unfairly damage your reputation and credibility with an insurance company or jury. To request a free consultation with an experienced attorney, please complete this brief online form or call 210-LAW-3000 | 210-529-3000.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
