Don’t believe everything you see in the movies: insurance claim surveillance must be conducted legally, following best practices to ensure the individual’s right to privacy.
A licensed private investigator can take video or photographs relative to an insurance claim whenever the claimant is in a public setting, and at any point in the claim process. Video often includes common activities such as walking the dog, going out to eat, shopping, yard work, and running errands. Video can also be obtained if the claimant works in a job performed in a public setting.
Infringing on privacy must always be avoided. It is illegal to tap a phone or use a listening device, or to attach anything such as a GPS tracker to a claimant’s car. Holding a camera above a home fence, or climbing a tree, or using a drone to photograph someone in their backyard is not permissible. In the backyard, there is a clear expectation of privacy.
The inside of a residence is not a public setting. Even if the claimant can be seen clearly from public property, it is not permissible to take photos or video through a residence window. Video obtained in private spaces is generally illegal. However, a claimant exercising in the front yard would be in public view and could be photographed.
Evidence must be obtained legally and ethically. A claimant has the right to examine the investigator who performed the surveillance and ask questions about the circumstances of the assignment. It is critical that best practices are followed: video and photographs that cannot be admitted into evidence are worthless.
Surveillance video is a priceless resource for the claim adjuster. The essential facts it delivers include the claimant’s activity level, physical limitations, physical restrictions, and employment status. Surveillance data supports the adjuster’s goal to administer medical, disability and other claim benefits quickly and appropriately. Shared with medical providers, surveillance video also curtails exaggeration and malingering. Video is frequently a key component in settling a claim and can provide evidence to identify suspicious claims that warrant additional investigation as part of a fraud abatement program.
VRC has handled many thousands of successful surveillance investigations. We respect the claimant’s right to privacy while giving you the evidence you need to bring certainty to your claims.
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We welcome any questions regarding investigations or our fraud abatement partnerships at experts@vrcinvestigations.com or daleneb@vrcinvestigations.com
