Whenever you claim injuries after a car accident, you can expect to be spied upon by the insurance company and their lawyer team. Car insurance companies like GEICO, State Farm, Allstate, USAA, Traveler’s, and others can legally gather evidence by spying on you to determine the legitimacy of your injury claims. These acts are often seen as “legitimate” means of gathering “evidence,” but their goal is to diminish or devalue your injury claim. Here are a few ways insurance companies attempt to spy on car accident victims.
Recently, an injured car accident victim was spied on by the insurance company defending the at-fault driver through a surveillance video. The lawyers used the video to convince the court to throw the case out without going to trial. This prevented a jury from comparing the victim’s stated injury limitations with the evidence from the insurance company, inaccurately assessing damages. Luckily, the Fifth District Court of Appeal in Daytona Beach saw through the manipulation of the legal system and reversed the trial court ruling.
Social media sites may be one of the easiest ways for insurance companies to gather potential evidence about the status of your injuries. They will use any image or video to make it appear that you’re not as injured as you claim to be. They will mine through your Twitter account, Facebook page, Instagram, and other social media accounts, looking for reasons to deny your claims and convince the court to throw out your case.
Here at the Cressman Law Firm, one of the first pieces of advice we give our clients is to make their social media accounts “private.” This setting will ensure that only your trusted friends can access your stories and pictures. Don’t accept friend requests from people you don’t know. In addition, you will want to set your profile so you can review photos before friends tag you in them.
In some cases, an insurance company may hire a private investigator to follow you throughout your day to gather evidence about your activities and injury claims. If you are in public or in a place where privacy isn’t expected (like outside your house), an insurance company may be able to spy on you. What PIs don’t see is that you had to lay down for hours after working in your yard or see you having to sit down until your neck pain subsided after unloading your groceries. They also won’t capture you taking handfuls of medications to make it through the day. The insurance companies don’t care. In their eyes, you are lying about your injuries and should have your case thrown out of the courtroom.
How you act while at the crash scene can be used against you during your case. Do not tell accident witnesses, law enforcement, or the at-fault driver that you aren’t hurt, and everything is alright. Even if you don’t feel pain immediately after the accident, it can take several days before you experience soreness or other symptoms due to your injuries. This also goes for what you post about the accident afterward, either online or through internet-based messaging apps. A harmless private message to a friend could be intercepted by an insurance company and used against you and your case. Avoid sharing with friends on social media or public forms that you are fine after an accident case, as this may affect your injury claim.
What To Do if You Are Being Spied On
If you have been injured in a car accident in Florida, you will be the subject of spying by insurance companies. Be careful when stating tasks you can and cannot do after an accident. Using language like, “I cannot…,” “I no longer…,” or “I am unable…” are phrases insurance companies may convince you to say so they can spy on you and prove you wrong.
Insurance companies have lawyers on retainer to try and find ways to dismiss your case rather than pay you for your damages. The insurance companies think it is easier and cheaper to pay spies rather than pay you the compensation you deserve. At Cressman Law Firm, we don’t let them get away with it. Hire a lawyer to protect your rights whenever you are involved in a car accident. Get help today! Call the Cressman Law Firm at 407-871-3372 for a free case evaluation. We’re available 24/7.