Is Capturing Surveillance Footage on Claimants Legal in Personal Injury Cases?

If you have an active personal injury case, you can expect the insurance company to use surveillance to try to gain evidence that will help defend their policyholder. But, being watched is never comfortable. And you might be wondering whether or not the law allows it. If you have hired one of the best injury attorneys Huntington Beach, they should have given you clarity of your rights when it comes to this matter. Keep reading to know more about surveillance in injury cases:

Is It Legal to Be Watched?

Although being watched seems like an invasion of your privacy, insurers have the legal right to use surveillance technology to make their case. But, there are boundaries to these rights. In general, video recording is legal, taking photos, or following a person in public are legal activities. Surveillance footage and photos are legal when performed in places such as outdoor public spaces, gyms, public-facing workspaces, and grocery stores. Typically, surveillance is not allowed in private spaces. Thus, you can’t be watched while you are at home, inside a restroom, a locker room, or a private office. But, insurance companies can monitor your movement to and from such spaces. Also, insurance may also be allowed to take videos when interviewing other people close to you. These include your family members, neighbors, and colleagues. 

What is Surveillance For?

In your personal injury case, you may use your injury as evidence that you deserve compensation. If for instance, your car accident has left you with debilitating back pain that prevents you from returning to normal work, you may seek compensation for the wages you lost, medical treatment, and pain and suffering. On the other hand, the at-fault party will try to prove that your injury is not negatively affecting you. They do this to try to reduce or deny your claim. And they may achieve this goal through surveillance. If you claim to have serious back pain that makes it impossible for you to move freely; however, you were caught in a video running through the park, this could hamper your case for compensation. Often, insurance providers hire investigators to capture surveillance footage to show that you have more strength, ability to work, and range of motion than you claim in your lawsuit. Thus, as an injured victim in a car accident, you need to speak with an attorney to help ensure your case is documented fully to fight the narrative of the other party regarding your injury and its effect on you. 


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