If you’ve been injured in an accident and filed a personal injury claim, you may be surprised to learn that the insurance company could hire a private investigator to look into your case.
Insurance companies investigate many personal injury claims. A private investigator may be hired to gather evidence that will harm your case, including information about the accident, your injuries, your activities, or statements you’ve made about your claim.
You should understand what investigators may look for and how their findings could affect your South Carolina personal injury claim.
Why Would an Insurance Company Hire a Private Investigator?
Insurance companies have a financial interest in determining how much they will pay on a claim. In some cases, they may hire a private investigator to review information about an accident or the injuries being claimed.
An investigator may be asked to:
- Verify the circumstances surrounding an accident.
- Locate and interview witnesses.
- Review publicly available information.
- Look for photographs or videos.
- Investigate inconsistencies in statements.
- Observe a claimant’s activities.
- Review publicly available social media posts.
Insurance companies may be particularly interested in cases involving significant injuries, substantial claims, disputed liability, or questions about the extent of someone’s injuries.
What Does a Private Investigator Look For?
Surveillance of Your Activities
An investigator may observe you from a public location and document your activities. Depending on the circumstances, this could include photographing or recording you walking, driving, shopping, exercising, working, or performing household tasks.
For example, if you claim that an accident caused significant limitations in your ability to walk long distances, an investigator may record you walking through a store or performing another physical activity. The insurance company could use that footage to question the extent of your injuries.
Social Media
Your social media accounts will almost certainly be reviewed and monitored by private investigators. Publicly available photographs, videos, comments, and posts can potentially be reviewed. A vacation photo, a video showing physical activity, or a post describing how well you’re doing could be used to challenge your claim.
That does not necessarily mean you need to stop using social media. But while your claim is pending, think carefully before posting anything about your accident, injuries, activities, medical treatment, or recovery.
Statements and Interviews
An investigator may also attempt to speak with your friends, coworkers, neighbors, or witnesses.
Can an Insurance Investigator Follow or Watch You?
Generally, investigators may observe activities that occur in places where there is no reasonable expectation of privacy, subject to applicable laws and restrictions.
That does not give an investigator unlimited access to your private life. An investigator cannot simply trespass onto private property, enter your home, or use unlawful methods to obtain evidence. The legality of surveillance depends on the circumstances and how information is obtained.
What If a Private Investigator Is Following Me?
Notify your attorney or law enforcement if you are concerned about your safety or if they violate the law by trespassing.
The same principle applies if an insurance company requests a recorded statement. Whether you are required to provide one can depend on the circumstances, the insurance policy involved, and whether you are dealing with your own insurance company or another insurer. Never give a recorded statement before speaking with Bringardner Injury Law Firm.
Can Surveillance Footage Be Used Against Me?
Potentially, yes. Insurance companies may try to use photographs, videos, social media posts, statements, and other information against you.
However, a piece of evidence does not necessarily tell the entire story. For example, a person with a serious injury may still be able to attend a family event, walk into a restaurant, or perform a particular activity for a short period. That does not automatically establish that the person has recovered or that the injury is not serious.
Our attorneys can evaluate surveillance footage alongside your medical records, testimony, employment records, and other evidence to determine what it actually shows.
Frequently Asked Questions
Is it legal for an insurance company to hire a private investigator?
Generally, yes. Insurance companies may hire investigators to gather information relevant to a claim. Investigators must still comply with applicable laws and cannot use unlawful methods to obtain information.
Does hiring an investigator mean the insurance company thinks I’m committing fraud?
Not necessarily. An investigation may be routine, or the insurer may have questions about liability, the extent of an injury, or another aspect of the claim.
Can a private investigator follow me?
An investigator may be able to observe you from a lawful location and document activities where you have no reasonable expectation of privacy. Investigators do not have unlimited authority to enter private property or obtain information through unlawful means.
How Your Personal Injury Lawyer Can Help
Being injured is difficult enough without wondering whether an insurance company is watching you or looking for information that could be used against your claim.
One of our lawyers will help you understand what to expect and protect your interests throughout the claims process.
Our attorney can:
- Communicate with insurance companies and their representatives.
- Help you respond to requests for statements or information.
- Investigate the accident independently.
- Gather and preserve evidence.
- Review surveillance footage and other evidence.
- Work with medical professionals to document your injuries.
- Evaluate your losses and damages.
- Address disputes about liability or the severity of your injuries.
If you have been injured in an accident in South Carolina, it’s important to protect your rights while focusing on recovery. Bringardner Injury Law Firm represents injured people and families throughout South Carolina. If you have been seriously injured, our attorneys can review the circumstances and explain your legal options.
Call Bringardner Injury Law Firm at 843-400-0550 or contact the firm to schedule a free initial consultation. Reviewed by Mark Bringardner, South Carolina trial attorney, and founder of Bringardner Injury Law Firm.
Bringardner Injury Law Firm | 41 Broad Street, Charleston, SC 29401 | 843-400-0550
Serving all 46 South Carolina Counties. Free case evaluation refers to an initial consultation with no obligation. Every case is different, and past outcomes do not guarantee or suggest an expectation for the result of any other case.
