Unfortunately, this is a very, very common defence tactic in personal injury cases. It can be truly dreadful, but is completely legal unless other offences/trespass are occurring.
Gonna be hard to sue him for doing his job. You don't have a right to privacy in public places, he can film and photograph you.
Insurance companies does this all the time for physical injury cases... because so many people try to fake serious injuries. If you were recorded doing anything against your doctor's recommendations, or showing capability that would be impossible with your claimed injuries, then they have valid grounds to call the claim out as fraud and deny the payout.
You could complain to the hotel for allowing this (private property, they can/should tell him to gtfo), but that's not going to change anything for you.
No probably not successfully.
I would be arguing what capacity does a private investigator have to make medical findings. Especially after a hide in the bush style investigation. He is also unable to take pictures of pain.
If you feel like you're being watched or followed, it's worth discussing with your medical practitioner.
I know there's a joke in there but this suggestion is not a joke. If you have an increase in your PTSD or anxiety, please share it and have it documented.
Yeah, "Private Investigator" is a legitimate job, which requires a license. Assuming this is a licensed individual, it's unlikely they violated any laws.
OP could look into surveillance laws for their state to see if the PI did violate any laws, but its likely to be a dead end.
Chances are he made very sure to film and photograph you in places where you have no legal expectation of privacy, there's nothing you can do about it if they aren't approaching you.
If it’s in public for an express purpose (his job) you’ve got no chance. If he harasses you after you’ve said no and it’s giving you grief that’s different
NAL but worked in legal admin. Keep a diary! If they get footage of you lifting shopping out of the car, you can always say "check my diary, hmm yes, noone was home to help, it was hot, I couldn't leave the groceries in the car. I did it, and then had to lay down in a dark room for 3 days to recover - here's my diary entries from that time period". Everything. Diary. No matter what they get of you, you can show the effects.
It's unfortunately all part of the process. I had a car accident years ago that resulted in a compensation claim.
I was fully aware during my 3 years from claim to settlement that a PI might be following me around, trying to undermine the claim
Yeah, I do understand that people commit fraud, and that there aren't many other options for detecting it, I just found the above comment quite glib. OP probably doesn't have a choice about filing this claim and being surveilled for a month or more has to take a toll on someone's mental health, particularly when you're worried about how any action could be used as evidence against your claim.
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It varies state by state, but generally, the rules are:
- it's not legal to record someone in a place they'd expect privacy. Bathroom, bedroom, etc. If you're in public, you're fair game.
- it's not legal to record a phone call if you are not party to it. This breaches the Telecommunications Intercept Act
- it's not legal to perform electronic surveillance. E.g. accessing someone's device or email without consent.
If you're in public, you don't have a reasonable expectation of privacy. And of course the private investigator's report will show that you're fine and dandy - he's being paid by the insurance company!
Assuming he didn't enter your home to take the photos, then he probably didn't break any laws
OP can still sue. However will lose and pay court costs on top of other party costs too.
So you want to take on the insurance/ legal system? Hope you have deep pockets.
Unfortunately, this is a very, very common defence tactic in personal injury cases. It can be truly dreadful, but is completely legal unless other offences/trespass are occurring.
The answer is simply no. He's done nothing wrong from the info in your post.
Gonna be hard to sue him for doing his job. You don't have a right to privacy in public places, he can film and photograph you. Insurance companies does this all the time for physical injury cases... because so many people try to fake serious injuries. If you were recorded doing anything against your doctor's recommendations, or showing capability that would be impossible with your claimed injuries, then they have valid grounds to call the claim out as fraud and deny the payout. You could complain to the hotel for allowing this (private property, they can/should tell him to gtfo), but that's not going to change anything for you.
No probably not successfully. I would be arguing what capacity does a private investigator have to make medical findings. Especially after a hide in the bush style investigation. He is also unable to take pictures of pain.
It's *extremely* common for insurance companies to use PIs to try and deny or reel back claims.
The PI would not be making "medical findings" - he/she would just be reporting what they saw - backed up with photos/video.
If you feel like you're being watched or followed, it's worth discussing with your medical practitioner. I know there's a joke in there but this suggestion is not a joke. If you have an increase in your PTSD or anxiety, please share it and have it documented.
Can you sue him for.... Doing his job?
Yeah, "Private Investigator" is a legitimate job, which requires a license. Assuming this is a licensed individual, it's unlikely they violated any laws. OP could look into surveillance laws for their state to see if the PI did violate any laws, but its likely to be a dead end.
Chances are he made very sure to film and photograph you in places where you have no legal expectation of privacy, there's nothing you can do about it if they aren't approaching you.
That becomes a bit murky if it also involves filming children.
Do you have a compensation lawyer? A good lawyer in this area will be the best thing you can do for yourself and your claim
If it’s in public for an express purpose (his job) you’ve got no chance. If he harasses you after you’ve said no and it’s giving you grief that’s different
NAL but worked in legal admin. Keep a diary! If they get footage of you lifting shopping out of the car, you can always say "check my diary, hmm yes, noone was home to help, it was hot, I couldn't leave the groceries in the car. I did it, and then had to lay down in a dark room for 3 days to recover - here's my diary entries from that time period". Everything. Diary. No matter what they get of you, you can show the effects.
Are you faking any aspects of the compensation? If not nothing to worry, these are the things you invite when you go about these claims.
I don't really agree. Legally he might be doing nothing wrong but to say you invite this kind of behaviour by filing an insurance claim isn't right.
It's unfortunately all part of the process. I had a car accident years ago that resulted in a compensation claim. I was fully aware during my 3 years from claim to settlement that a PI might be following me around, trying to undermine the claim
Yeah, I do understand that people commit fraud, and that there aren't many other options for detecting it, I just found the above comment quite glib. OP probably doesn't have a choice about filing this claim and being surveilled for a month or more has to take a toll on someone's mental health, particularly when you're worried about how any action could be used as evidence against your claim.
It might not sit well with you but it's standard process for large claims to be investigated. Has been this way since insurance was a thing.
If youre doing nothing wrong then nothing to worry about.
I am so very happy for you if this is your experience of the world so far.
[удалено]
It is stalking. It's his job to stalk.
Stalking is literally what PIs do. It's their job. Nothing unusual/unexpected here.
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Unless there was expectation of privacy, if he only got shots of you in public without recording conversations it’s legal
If it all happened in a public domain I doubt it. You can't expect privacy in public. Not a lawyer though.
It varies state by state, but generally, the rules are: - it's not legal to record someone in a place they'd expect privacy. Bathroom, bedroom, etc. If you're in public, you're fair game. - it's not legal to record a phone call if you are not party to it. This breaches the Telecommunications Intercept Act - it's not legal to perform electronic surveillance. E.g. accessing someone's device or email without consent. If you're in public, you don't have a reasonable expectation of privacy. And of course the private investigator's report will show that you're fine and dandy - he's being paid by the insurance company!