If you were injured in a pedestrian crash that was not your fault in San Diego or Southern California, you may expect the negligent driver’s insurance company to treat you fairly. Unfortunately, they may do the opposite and fight paying you the compensation you deserve for your injuries.
One tactic the insurance company may employ is to spy on you after you file your claim. You need to understand why they may spy on you and how they may do it if you are pursuing a claim for compensation. You should also hire an experienced pedestrian accident attorney who can best help you protect yourself against these insurance company tactics.
Why Does the Insurance Company Want to Spy on You?
The insurance company’s goal is often to save money, not to fairly pay pedestrian accident victims what they are entitled to under California law. They may spy on you to collect evidence they can use against you to deny your claim or to pay you less compensation in your settlement.
What are they looking for? They are trying to prove that your injuries are not as serious as you claim. The insurance company wants to see if you are engaging in activities you should not be able to do, given your injuries. They are also looking for statements you make that they can twist to argue that you were at fault in causing the crash.
The insurance company does not engage in surveillance in every case. They are much more likely to spy on you if the value of your claim is high.
When Could the Insurance Company Use Surveillance on You?
You should be prepared for the insurance company to spy on you at any time while your claim is being resolved. They are likely to engage in surveillance during the litigation of your case. Times you should expect them to spy on you are before your deposition or jury trial.
What Surveillance Tactics Could the Insurance Company Use?
The insurance company is not allowed to enter your home or place of employment to surveil you. However, they are permitted to spy on you while you are in public. They could use a wide range of tactics to try to find information they can use against you. Some common ways they like to spy on pedestrian accident victims that you should watch out for include the following.
The insurance adjuster could hire a private investigator to watch you. They could stake out your home or follow you while you go to the grocery store, visit friends and family, and engage in daily activities. They would most likely take photos and videos of you engaging in activities you should not be able to do if your injuries are as severe as you claim.
The insurance adjuster or private investigator could interview your friends, neighbors, co-workers, and family. They would ask them about your pedestrian crash, injuries, and activities. They are hoping to find evidence they can use against you.
Another tactic the insurance company will most likely employ is to search your social media sites, such as Facebook, Twitter, and Instagram. They could do it multiple times while your claim is pending. They are looking for statements you make about the accident or your injuries. They are also searching for photos of you engaging in activities you should not be able to do, given your injuries.
In addition, they may search your friends and family members' social media sites for posts where you are mentioned or photos where you are tagged. You should beware of friend requests from people you do not know. It may be the insurance adjuster friending you.
What Should You Do if You Suspect the Insurance Company Is Spying on You?
If you think the insurance company is engaging in surveillance, you should be extra careful about what you do or say. You should also stay off of or limit your posts on social media. The best way you can protect yourself is to retain a skilled pedestrian accident lawyer in San Diego immediately.