Yes, because the public has an interest in exposing fraudulent claims, Florida courts have ruled that an injured party must expect that a reasonable investigation will be made by an insurance company after the filing of an injury claim. As such, insurance companies often hire investigators to conduct video and photo surveillance of an injured claimant. This type of evidence is beneficial to an insurance company at trial to show that a person is not credible as to the extent of his or her injuries. An insurance company can take video, audio or photographs of an injured person at anytime the person is out and about in a public setting. However, the injured person still has his or her privacy rights. This means that an investigator is prohibited from snooping around the person’s home, following the person closely in public places to the point it endangers the person or the public, and knocking on the person’s door under false pretenses. In other words, the insurance company cannot conduct surveillance in an unreasonable and obtrusive manner.
For those of you who have made injury claims stemming from an accident, there is a good chance that the insurance company for the tortfeasor (person or entity at fault) will hire an investigator to try and dig up dirt on you. Never exaggerate or fabricate an injury, but definitely be aware of your surroundings.
Fowkes & Hasanbasic, Accident and Insurance Lawyers
1807 Short Branch Dr Suite 101, Trinity, FL 34655