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Are Insurance Companies Allowed to Spy on People?
If you have a personal injury claim against an insurance company there is a decent chance that the insurer will hire a private investigator to conduct surveillance on you. It is legal for private investigators to watch you in public and take photographs and videos of you. Private investigators are not allowed to trespass on private property.
Another way that insurance companies gather information about people advancing claims is to conduct Internet surveillance. Insurance companies are now frequently reviewing what people post on Facebook, Twitter and other Internet sites. Many people are surprised to learn that their “privacy” settings seem to provide little protection against this kind of surveillance.
Surveillance feels like a terrible invasion of privacy for many injured people. However, it seldom impacts a claim in a significant way. The only time surveillance evidence is really useful to an insurer is if it demonstrates the injured person to be untruthful. For example, a video of an injured person jogging would be damaging to their case only if the person claimed her or she absolutely could not jog. If that same person had said that jogging is painful but he or she does it occasionally the surveillance is of little use to the insurance company.
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Troy Lehman
A graduate of the University of Western Ontario law school, Troy was called to the bar in 2001. Troy received the highest mark on the Bar Admission course by anyone from Western University. Troy...
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