Nothing is worse than having your life turn upside down by your insurance company after you have been injured. This video explores four way that you can protect yourself from insurance surveillance and avoid the grief while you focus on healing.
Do insurance companies really use surveillance hoping to destroy your case?
They sure do.
I’m Derek Wilson and I’m a personal injury lawyer in Hamilton, Ontario.
but when I used to do work for the insurance
companies we used surveillance in third of cases. While the idea of surveillance
might make you feel uncomfortable, provided you follow these four steps it
should have no bearing on your case.
Step 1: Always tell your lawyer if the condition improves
The purpose of surveillance is to try and catch you in
a lie. For this reason surveillance is often
conducted after the discovery to see if you were 100 percent honest.
For example, during discovery a defense lawyer may ask you if you’ve been able
to do yard work since your accident. If you can’t, you will answer no but when the
trial begins six months later they may introduce a recent video of you cutting
the grass. When you said “no” six months before it was the truth, but since then
your condition improved. The question is did you tell your lawyer.
Step two: Honor your healing
If you’re healing from an injury and dancing is painful and you
tell the insurance company that dancing is painful and then you’re seen in a
photo dancing at a wedding you’ve lost credibility. It doesn’t
matter that you spent three days in bed recovering – the damage is done. That’s why
it’s important to honor your healing. If jogging is painful to you – don’t jog.
If your physiotherapist advises against hiking, don’t hike just to see if you can.
Be patient and wait for the all-clear from a professional before engaging in
these kinds of activities and again, always let your lawyer know.
Step 3: Trust your instincts.
If you’re in a personal injury case and you get the feeling
you’re under surveillance you’re probably right. Trust your instincts and
tell your lawyer. This is especially important because while it’s uncommon,
some insurance companies can get aggressive with surveillance. If that
happens, it’s my job to make it stop.
Step 4: Lock down your social media
My advice is to get off social media altogether. If you don’t wish to delete your social
media accounts, take a moment and view all your accounts as a stranger to see
how much of your data and images are public.
Next go through your friends and families accounts to see how many public
pictures of you they’ve posted. Be prepared for an awkward talk with your
community about deleting posts. Finally if you’re at an event you’ll want to
ensure that others don’t post anything compromising about you that could give
the insurance company the wrong idea. When it comes to personal injury law
honesty is always the best policy. The more honest you are about your situation
the less surveillance will matter because they’ll be no surprises.
If you’ve been injured in an accident or denied long-term disability call my office for
a free consultation – let’s talk.