The use of private investigators by insurance companies is now becoming a more common concept. While the thought of a private investigator tailing you and tracking seems like automatic harassment, not all investigation can be considered harassment.
In fact, private investigators are granted certain permission under law to track those they are hired to track and only under certain situations can the behavior be deemed harassment.
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Use of a Private Investigator
Many insurance companies choose to utilize the services of a private investigator when they believe the person making the claim is not being completely truthful. An investigator can track that person to find proof of this, if needed, and unfortunately, no law exists to prohibit an insurance company from using a private investigator.
Generally speaking, a private investigator can observe and photograph you, so long as it is in public. While the thought of a private investigator following, you can be unnerving and even seem harassing, if the person is following the law while doing surveillance, you cannot have them stopped.
However, certain circumstances can arise where the private investigator crosses the line.
How Private Investigating Has Changed
A few years ago, when you heard that someone was a private investigator you envisioned someone who would snoop around neighborhoods and ask questions to try to get the details that they need about someone or a situation. Insurance companies use private investigators when they are investigating auto accidents, injuries, and other details of personal injury claims. The way a private investigator operates and handles a claim has changed significantly throughout the years.
Much of the investigative process can now be handled online thanks to technology. Instead of walking around your neighborhood, an investigator can check on your details online. By checking on your work history, your residence, your friends, your family, your educational background, and other details, a private investigator can learn a lot about you while sitting in a chair in front of a computer.
You should also use caution regarding what you post on a social media account. Also, be sure to check your privacy settings on your account, and never “friend” people that you don’t know. It could be a private investigator trying to use your posts as contradictory details against you to lessen what they must pay out for your damages, or to try to make your injuries look less serious than you have claimed.
Be sure to review all your social media accounts, such as Facebook, Instagram, Twitter, Snapchat, and so forth, or any blogs where you post so you can make sure that the privacy settings are set to protect you. Also, review to ensure only close friends and family are able to access your posts and learn about anything that you choose to share. However, it is in your best interest to use extreme caution and to not post anything that could compromise your personal injury case during the time after the accident until the claim has been settled and your matter is resolved.
What is Illegal?
There are many things that private investigators can do that is considered harassment. If you believe that a private investigator is harassing you, you are allowed to sue them. If a private investigator is using illegal tactics such as hacking into your phone, emails, or computer, you may be able to sue them.
If a debt collector was able to get your medical and bank records, that is ilegal and could be considered harassment, which could be used in your lawsuit against the private investigator. Your personal injury attorney will be able to let you know what is considered harassment from the private investigator.
What Is Allowed?
The private investigator can gain useful information by following you in public. This surveillance can be done while you are out completing errands or attending appointments, but public can also include being parked on the street outside of your home, taking pictures of you completing activities.
Surprisingly a lot of evidence can be obtained from that viewpoint, as most private investigators have technology that can get close-up images from a far distance. So long as that person is “in public,” he or she can accomplish this task.
What Should I Do?
If you are claiming that your injuries are severe and require extensive treatment or have negatively changed your life, you will need to be cautious of what you are doing. For instance, you should not be outside doing yardwork, if you are saying that the car accident has left you with intense back pain.
Simply be cautious of what you are doing as any activity could be used against you. Similarly, be careful about what you post online. Social media is a tool that is often used by private investigators who are hired to find holes in your story given to the insurance company. Do not live in paranoia, but be aware of what you are doing.
Examples of How Social Media Can Hurt Your Claim
As an example, you were involved in an accident in which your car was rear-ended. You suffered neck and back injuries, so you pursue a personal injury claim against the other driver. But just two days after the accident, you post a photo on social media of you and your significant other going on a 14-mile hike in the mountains. The private investigator gets a screenshot of that post.
When your claim goes to court, it may not look like your injuries are as serious as you claim. After all, if you have severe back and neck pain how did you trek that far up the mountain? Be careful what you post and what you say about your situation because it can come back to hurt your claim in the long run. It would appear as though you may be in pretty good health in the photos and posts. Of course, your social media posts don’t paint the entire picture.
Or what if you were out playing football in the yard with some neighbors and a friend posted a video to YouTube that clearly showed you were out there running? That could be used as evidence against you as well. Don’t post those kinds of things because they can come back to haunt you. Also, make sure your security settings are so only your friends or relatives – people who you can trust – can access your posts and details.
In most cases, it is wise to not post anything at all that could come back to hurt your claim later. You can discuss matters with family and friends in private, so the details aren’t accessed by others and so they cannot be used against you.
What a Private Investigator Cannot Do
Every state has its own set of laws with respect to what a private investigator is allowed to do. Most states require a license, so the private investigator must be practicing with a license in that state, if one is required.
- Private investigators are not allowed to impersonate or given the impression that they are law enforcement.This means they cannot wear a uniform or carry a badge that would give the impression they are law enforcement.
- They cannot perform any unethical practices or break the law. This means they cannot go onto your private property, use hacking or any type of illegal method to get information, including bribery or threats.
- The private investigator cannot come into your home or place of business without consent. If they are asked to leave, they must do so immediately.
- They are not allowed to film a subject through a window to a private residence. This restriction means they cannot video or take pictures of you while you are in your home.
- They cannot tamper with your mail or wiretap a phone without consent.
- They cannot put a GPS device on your car without your consent.
- A private investigator cannot record a conversation without you having knowledge.
Although bringing a lawsuit against the private investigator might be difficult, an attorney can still help protect you if you feel you are being harassed. If the private investigator is doing any of the above activities, your lawyer can help you contact the insurance company or law enforcement if you feel you are in danger.
What Can a Private Investigator Do Online?
You should be aware that a private investigator can do a lot more online than he or she could have done just a few years ago. They do, however, have strict rules to abide by when they are surfing the net and searching for information.
Anything that is posted publicly can be used, so they must abide by the same rules and guidelines as anyone else when they are online. They cannot lie about their identity or their role to gain special access to your content or material that isn’t public. If they do so, they can get in trouble and those details cannot be used against you in court.
Most states require private investigators to undergo special testing to become licensed or certified. Despite this licensure, it doesn’t grant special privileges to those searching for information online. They aren’t allowed to hack into your accounts, nor are they allowed to access private details. A private investigator can lie about their occupation to keep you from knowing who they are and who they work for, but they cannot claim to be a law enforcement officer because they are not.
What are the Penalties For These Illegal Practices of Private Investigators?
If a private investigator claims to be a police officer to get special access to your private accounts, he or she could face criminal charges. That is considered false impersonation, and they would also be accessing your private records without consent, which is an invasion of privacy.
There are different state laws regarding the licensure of a private investigator, and if a private investigator partakes of illegal practices and falsely claims to be a police officer, her or she may lose their license and could be barred from being a private investigator in that state.
A personal injury attorney could help you with your claim and will ensure that your rights are protected. Your accident injury lawyer will be able to determine if the private investigator has broken any laws or violated your rights.
Your attorney will be able to determine which evidence is admissible and will be able to help you know what you should not make public so it cannot be used against you. However, it is in your best interest to not post on social media about your health, injury, or accident until after the matter is resolved.
Contact an Attorney Today
If you have been in a car accident and you are being harassed by a private investigator hired by the other insurance company, it is always recommended you contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
