Let Our Washington Pedestrian Accident Lawyer Help You Protect Your Right to Compensation an Insurer Is Using Surveillance Tactics
Do you suspect the negligent driver's insurance company is keeping tabs on you since you filed your pedestrian accident claim? Unfortunately, you’re probably not being paranoid. They could be using surveillance tactics to try to dig up damaging information to use against you in settlement negotiations.
At Max Meyers Law, we have decades of experience fighting for pedestrian accident victims' rights and understand the tactics the insurance company may use to attempt to deny your claim or pay you less compensation. Here’s what you need to know.
Why the Insurance Company May Spy on You
Remember: an insurer is a for-profit business. If you have strong evidence that their policyholder caused your pedestrian accident, such as by violating RCW §46.61.526—Washington's Vulnerable User Law—the carrier may fight hard to limit its liability and make the settlement process drag on longer.
When an insurance company spies on you, here’s what it might be looking for that could help it deny your claim or reduce the amount you deserve to be paid:
- You don't have a valid claim and are committing insurance fraud.
- Your injuries are less severe than you claim.
- The insurance company has no responsibility to settle your claim.
- You were partially or totally to blame for your pedestrian accident.
How Could the Insurance Company Use Surveillance Tactics Against You?
There are many ways to protect your potential compensation by simply knowing what to expect. Here are the most common surveillance tactics:
- Hiring a private investigator. This could happen at any time during the claims process. A P.I. could follow you around or set up a camera near your home to try to catch you engaging in activities you shouldn't be able to do if your injuries are as serious as you state.
- Monitoring your social media. An insurance adjuster or the P.I. could search your social media posts for statements you make that can be interpreted as an admission of guilt or showing you at locations doing activities that someone in your condition wouldn't be able to do.
- Interviewing various people. The P.I. or insurance adjuster could also interview witnesses to the pedestrian accident to try to gather proof of your fault in causing it. This includes your family, friends, and co-workers in an attempt to dig up damaging information they can use to dispute your claim.
4 Key Steps to Take If You Suspect Surveillance in Your Washington Pedestrian Accident Case
The best way to protect yourself and your claim is to always assume the insurance company is spying on you from the time you file a compensation claim until you reach a settlement. To continue to prove your injuries are legitimate and that you’re following the letter of the law, here’s what we recommend.
1. Follow Your Doctor's Treatment Plan
Always attend every doctor's appointment, get the recommended diagnostic tests, and go to all your physical therapy sessions. Why is this important? It shows your commitment to your health and will help you heal faster. In addition, you should follow your doctor's treatment plan and advice about working, the activities you can perform, and how much rest you need.
If you don’t follow your physician's recommendations or have gaps in your medical care, the insurance company will use these circumstances against you. They’ll likely argue that your actions are making your injuries worse or are proof that your condition isn’t serious.
2. Understand Your Rights
While an insurer can use surveillance tactics to spy on you in public, it can’t take advantage of your privacy. This means the P.I. or whoever else is capturing information isn’t allowed to go into your home to watch you or creep up to a window to take damaging photos or videos of you.
3. Limit What You Say on Social Media
Ideally, you should stay off social media completely after your pedestrian accident until we can settle your claim. However, we understand that you may not be willing to be so cut off from your family and friends. Here are ways to protect yourself:
- Don't discuss the accident or your injuries. While it may be tempting to keep your family and friends updated about what happened to you, don’t talk about anything related to the incident or your condition online. An adjuster could use even seemingly innocent statements, like "I'm sorry," against you.
- Limit the activities you post about. You also shouldn't share photos or posts about activities you shouldn't be engaging in or locations where they happen, even if you aren't participating. For example, if you go to a bowling alley for a birthday party and only eat and drink, posting that you’re there might imply that you also participated in the physical activity.
- Be careful who you friend. Don’t accept friend requests from people you don't know. An adjuster or P.I. could be trying to gain more access to your posts.
- Don't let friends and family post about you. You should warn your friends and family that the insurance company could also search their social media channels. Ask them not to share anything about you or tag you in photos.
4. Hire an Attorney
One of the best ways to protect yourself is to retain Max Meyers Law as soon as possible after your pedestrian accident. During a free consultation, we’ll review your case and help you take other steps right away to protect your rights. As we move forward with building your case, we’ll make sure the negligent driver’s insurance company doesn’t engage in impermissible surveillance tactics. We will also fight hard to obtain the settlement you’re entitled to—or a favorable verdict if we must take your case to a jury trial.
