If you’ve been in an accident and are dealing with an insurance claim, you might wonder whether the insurance company is watching you.
Maybe you’ve heard that insurance companies will look for evidence that your injury is not as bad as you say it is, or other evidence that may allow them to deny or limit your claim.
Perhaps you’ve even heard stories of insurance adjusters following people or tracking their activities—either in person or online.
Is this legal?
Virginia state law provides guidelines and limitations as to what insurance companies can and can’t do when it comes to monitoring personal injury victims. Our Virginia Beach personal injury attorneys can help you understand your rights and will also fight for you when negotiating with insurance companies. With our resources on your side, you will be more likely to get the compensation you deserve.
Insurance Companies May Legally Monitor Certain Activities
In general, insurance companies cannot legally monitor your comings and goings in real time. They cannot access your GPS data or track your movements without your consent.
However, there are things they can do to gather information about your activities, and these are perfectly legal.
Surveillance
If the insurance company suspects you’re trying to commit fraud or that your injuries aren’t as bad as you say they are, they may hire a private investigator to follow you or capture images of what you’re doing. In Virginia, this is generally legal for them to do as long as they follow certain guidelines.
Private instigators, for example, can observe you in a public space and take pictures of you there. They cannot, however, enter private property, such as your home or fenced yard, without your permission. Neither can they harass or intimidate you into giving them information.
Virginia Law Code 19.2-61 also prohibits the use of recording devices to secretly record individuals in private spaces.
Social Media
Because social media posts are publicly available most of the time, insurance companies can, and often do, monitor your social media profiles. That’s why it’s so important to avoid posting about your personal injury case anywhere on social media, as any pictures or text you share may be used against you.
Public Records
Insurance companies can also access certain public records, such as property records or court documents. They may also review statements you made in recorded interviews or written forms, so always consult with your personal injury lawyer before making recorded statements or signing any forms.
Can the Insurance Company Watch My Comings and Goings from My House?
Insurance adjusters or private investigators cannot enter your home or private property, but they may watch you from across the street or down the road, particularly if they suspect fraud.
If you claim to have suffered from a broken leg or paralysis, for example, they may monitor when you leave and return or how you exit and enter the house to see if your activities line up with your claims.
This is why it’s so important to work with a personal injury lawyer so that you’re sure to stay consistent and accurate in how you describe your injuries on any legal forms. If the insurance company discovers inconsistencies between what you report and what investigators discover during surveillance, that could negatively affect your case.
How a Virginia Beach Personal Injury Lawyer Can Help
Getting our personal injury lawyers on your side helps safeguard your interests. We show you how to protect yourself by providing accurate information, limiting social media sharing, and keeping detailed records.
We also file all the pertinent documents, handle the necessary investigations, and negotiate with the insurance company on your behalf. If you ever feel that the insurance company is overstepping its legal bounds in monitoring you, we can handle that as well.
Our personal injury firm has successfully represented many injured victims, obtaining the compensation they were entitled to, as we did for this client whose personal injury case was settled for $930,000.
To schedule a free consultation with one of our Virginia Beach attorneys, fill out our contact form or call us today. We also have offices in Hampton, Norfolk, Portsmouth, and Chesapeake.