It is not uncommon and is legal for you to be under surveillance during a personal injury claim. It is usually implemented to catch you performing an activity that might be contradictory to your injury and also to ruin your credibility.
It is important to know that if you are involved in the case, anything you do in public or post online can be available to the defence and possibly used against you.
Insurance companies often hire private investigators to follow claimants and also to look into medical records and possibly other background information, especially if the payout you are requesting is not minimal.
So what kind of activities can be used as surveillance? There is a vast range. Here are some common ones:
- Driving - if you were in a vehicular accident and are claiming that you have anxiety being behind the wheel, but are photographed driving, this could be used against you.
- Shopping - if your claim suggests that you are unable to carry heavy items, but you are seen lifting groceries, this might undermine your claim as well.
- Home Maintenance - if you are claiming restrictions on physical activity, but are seen shoveling snow, your case might be in jeopardy.
- Online activity - this is becoming more and more common in today's world of Social Media. By posting updates showing how active and social you might be, can be used against you. Remember to think before you post as it could be misinterpreted. It is also wise to make your Facebook page private, that way your posts cannot be misused and most importantly be truthful about your injuries - that way there cannot be any confusion. Remember any social media profiles that are open to the public, means you are allowing access to anyone including insurance companies.
Although surveillance can be intrusive and stressful, it is important that you stay calm and continue to live your life. Public observing/photography including places outside of your home that are visible, as well as work places, is legal. If you are honest about your condition, you don’t have anything to worry about. On a final note, even if you think there might have been a photo taken that might cast doubt, because surveillance evidence usually covers a small window of time, it often lacks context and your full medical history and diligent records would provide a much more complete story.
At Eshel Law we have the experience and expertise when it comes to personal injury claims. We can simplify the process for you and advise you on next steps. We ensure you are legally protected and receive any compensation you are entitled to.
Contact us at: [email protected] or visit our website to make an appointment: www.eshellaw.ca.
