When you file a personal injury claim for damages you sustained in a New York car accident, the settlement is most likely to involve a payout through the insurance company of the individual whose negligence caused the crash. It is common practice for insurers to run an investigation of the accident to verify the claims you make.
When you file a personal injury claim for damages you sustained in a New York car accident, the settlement is most likely to involve a payout through the insurance company of the individual whose negligence caused the crash. It is common practice for insurers to run an investigation of the accident to verify the claims you make.
As part of this activity, it is quite likely that you will be watched by someone hired by the insurer. However, there are definite limits to what they can and cannot do, and it’s vital that you stay aware of these aspects. It’s best that you hire a knowledgeable and competent New York City car crash lawyer to represent you in the negotiations with the insurance company for your personal injury claim.
Why Do Insurance Companies Watch NY Personal Injury Claimants?
When you have been hurt in an accident that was someone else’s fault, it is natural for you to want to get the maximum possible compensation for your injuries. So, you will have provided details of all the expenses you incurred for your medical treatment, hospitalization, medication, and therapy. Your claim will also include details of the wages you lost due to your inability to work, and information of the non-economic losses you sustained in the form of pain and suffering.
The insurance company that has to pay this amount naturally seeks to verify the truthfulness of your claims before handing over such a large sum of money. In doing so, they will carefully probe all the information you provide to see if everything is in order.
A vital fact to remember is that the aim of the insurance company is the total opposite of your goal. You want the maximum possible compensation, but the insurer’s prime objective is to pay you as little as possible. In order to achieve this goal, they carry out a thorough investigation of the case, often even hiring private investigators to probe each and every small detail to verify whether you are telling the truth.
Is it Legal for Insurance Companies to Spy on NYC Car Crash Victims?
As someone who is struggling to recover from an injury caused due to someone else’s fault, it is natural to resent being spied upon as if you have committed a crime. Unfortunately, as long as the surveillance is restricted to information that is public knowledge, there is nothing you can do to avoid it.
Under the law, there is no restriction on a private investigator who follows you in a public place or one who collects information in the public sphere. Even your online activity may be legally watched by an insurance investigator.
However, the law prohibits investigators from activities that are a violation of your privacy. No investigator can enter private property without permission; they also cannot hack your phone or other devices. While they cannot enter your home or office to spy on you, they can certainly watch you when you stand on your porch or when you walk outside to take the garbage out.
If you find yourself being followed so closely that you fear that you are being stalked, you certainly have the option of approaching the police so that the facts can be established.
Although an investigator may follow you in public, it is totally against the law for them to commit an act of intimidation. If you find yourself being followed in an aggressive manner, or receive any verbal or non-verbal threats from an investigator, you are well within your rights to raise a complaint.
What Information Do Insurance Companies Seek Through Surveillance?
Insurance companies are basically on the lookout for any information that can help them cast a doubt on the validity of your New York car crash injury claims. So, they may hire investigators to watch you as you move around in public. They may follow you when you visit the doctor or your lawyer for a consultation.
They may observe you in any public place that you visit, and will especially focus on how you walk and what activities you perform. These observations may then be used against you, to insinuate that your actions indicate that you have not really been injured as badly as you claim.
Follow Your Doctor’s Advice Regarding Rest and Permitted Activities
Refrain from activities that have been prohibited by your doctor. If you have been asked to take complete rest at home, follow that advice. If you have been told not to bend over or lift heavy objects, avoid doing those things, because a failure to comply can take a toll on your health.
Be especially mindful of these things when you are outside your home in public view because an investigator who’s watching you will be looking for exactly such moments. If they obtain photographs or video footage to show that you have disobeyed the doctor’s guidelines, the insurance company will claim one of the following to discredit your injury claims:
- That your injuries are not really as bad as you claim them to be, and that this is the reason why you are able to bend over or lift heavy objects.
- That you are not really serious about recovering your health, and that your injuries are worse due to your careless attitude, and that their client is not really responsible for this.
Avoid Returning to Work Earlier Than Prescribed by Your Doctor
If your doctor has advised that you can resume work at the office a month after the injury, follow those guidelines. No one likes to stay inactive and you may be itching to get back to work because you’re bored sitting at home, or perhaps the financial situation is such that you cannot afford to lose your wages.
However, it is vital to remember that returning to the office earlier than recommended by the doctor can be used by the insurance company to diminish your personal injury claim. If you find your employer pressurizing you into an early resumption of your work duties, it is good to consult an experienced New York City car crash attorney to discuss your rights as an employee.
Be Careful with What You Post on Social Media After Your NYC Car Crash
Electronic surveillance by insurance companies is on the rise. Social media posts are a storehouse of information for insurance companies because it is easy to anonymously snoop on personal injury claimants. Whichever social media site you use – Facebook, Twitter, Instagram, LinkedIn, YouTube, or even Google – investigators can use software to dig all these sites for information on your activities.
Keeping this in mind, it is best to not post anything at all regarding your injury on any social media site. For example, if you got together with family or friends a few days after your car accident and put up photos of the event on Facebook, the insurance company could use that information to claim that your injuries are not as severe as you claim.
Here are a few tips to keep in mind when you use any of these sites after your accident:
- Change your privacy settings so that any information you post is not visible to the general public. This will make it more difficult for investigators to access your posts.
- Avoid accepting connection requests from persons you don’t know personally.
- Turn off the geolocation on all social media sites you use.
- Assume that all your posts are being monitored by the insurance company and be very careful about what you write. For example, if you put out a post about being injured, it is quite natural for your friends to react with anxiety. In trying to reassure them, you are likely to make statements such as, “Don’t worry, I’m fine.” However, such polite and innocuous statements can be easily twisted by insurance companies to show that you were, in fact, not really injured in the car crash for which you are claiming damages.
- Avoid participating in online discussions regarding issues related to insurance or injury claims. Any comment you post on a blog, or in a chat room can easily find its way to the insurers and be used against you.
Contact an Experienced Car Crash Attorney in New York Today
If you or a loved one has been injured in a New York car accident, recovery can be a slow and painful process. Having to deal with the angst of being under surveillance by the insurance company can cause you even more stress. Consulting a hard-working and proven NY car accident lawyer can help you understand what rights you have in such situations.
When insurance companies realize that you have engaged legal counsel, their attitude may undergo a drastic change. Not only do they realize that you are serious about your case, but they will also be more careful about their actions relating to putting you under surveillance.
Our personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP, have a lot of experience in dealing with insurance companies whose activities create stress for our clients. To discuss the specifics of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free and confidential consultation.
