After being involved in a traumatic car crash, injured victims could have a lengthy physical recovery ahead of them. These plaintiffs will need to seek compensation through a legal claim to help ensure their medical costs and other losses get paid for by the at-fault parties. The larger the victim’s claim is, however, the more likely it is the insurance company will do more than investigate your crash. They may also investigate and follow you.
Schmidt Kramer talks about the reasons insurers may hire private investigators to spy on injury victims as they proceed through the legal process of seeking compensation for their damages. We also discuss whether insurers have a right to spy on you in this situation and if it is even legal to do so in Pennsylvania.
Need legal help after a crash but have a lot of questions about where to start? Our auto accident lawyers in Harrisburg have extensive experience managing injury claims. We have recovered millions in compensation for our clients, and we are prepared to work tirelessly on your behalf.
Request a FREE case review today. We are here to help you. (717) 807-5359
Is it Legal for Insurers To Spy on the Injured Victims of a Car Crash Claim in Pennsylvania?
While insurance firms do have the authority to investigate and determine the validity of any claims, they cannot surveil you illegally. Here are some crucial aspects to consider:
Insurance Companies Need a Justifiable Cause
Insurance companies cannot randomly spy on injury victims who are seeking compensation from a negligent policyholder. There must be valid reasons. For instance, if a statement about your injuries does not line up with the diagnoses from your treating physician. This would be a reason why the insurance company would want to do further investigation into your claim, especially if your attorney is seeking a high-value settlement.
Insurers Must Follow Legal Boundaries
Even when there is justifiable cause, insurance companies must follow certain legal boundaries. For example, they cannot gain access to personal devices, go onto personal property or eavesdrop on personal conversations without first getting proper authorization.
One consent insurers may try to obtain through injured victims is explicit access to their medical records. However, giving carte blanche access to your medical records is something you should never agree to. While you may have to provide some of your medical documentation, your attorney can take steps to ensure the insurance company only gains access to medical records that are relevant to your case. They do not need to view your entire medical history.
Do I Have a Right To Be Informed About Any Surveillance?
While the insurance company may be able to put you under surveillance, they may also have to disclose this to you. Having an attorney manage your case ensures your rights are protected throughout the legal process.
All that said, insurance companies find ways of legally skirting around the laws. For instance, they cannot go onto your property, but they can park their car in public areas. For instance, they may park on the street across from your home, and video or photograph you entering and leaving your home.
Why Would an Insurance Company Spy on Me?
You may believe that since you pay your insurance premiums every month, you are entitled to full and fair compensation if you get into a crash. However, the goals of your insurance company do not align with yours. Their objective is to pay out as little on any claim as possible.
From a purely business standpoint, if an insurance company always pays the maximum amount on a claim, they will have a difficult time maintaining their bottom line. This is why they may drive a hard negotiation and engage in other tactics to ensure the claim is valid and to pay as little on that claim as possible. The higher the potential value of a claim, the harder the insurance company will work to reduce the payout.
How Can I Avoid Damaging My Car Crash Claim?
If you suffer injuries in a car crash and that incident was caused by another party, you are very likely eligible to recover compensation. However, it is important not to make mistakes that could seriously damage your claim or even cause it to get denied, such as by:
- Exaggerating or lying about your injuries
- Not following your doctor’s plan of care
- Ignoring your doctor’s recommendation to not engage in certain activities
- Failing to follow up on doctor’s appointments or continue medical treatments
- Not attending physical therapy appointments
- Posting about your crash on social media platforms
- Going back to work too soon or before your doctor clears you
- And more
This is why we strongly recommend working with a knowledgeable lawyer. At Schmidt Kramer, we guide you throughout the legal process, help you to avoid making damaging mistakes and keep you informed every step of the way.
Need Legal Help After a Crash? Schmidt Kramer Is Ready to Help.
At Schmidt Kramer, we are deeply dedicated to the well-being of our clients. We work tirelessly to recover the maximum possible compensation for car crash injuries caused by another’s negligence.
If you have been injured and need help navigating the complicated legal process, call our law offices to schedule a free case review. If we find you have a case, there are no upfront fees to pay.
We have staff available to take your call 24/7. Call: (717)-807-5359