Surveillance by detectives engaged by insurers denying your claim for damages after an accident is an unfortunate reality when you have started an Ontario accident, including a claim for statutory accident benefits after a motor vehicle accident.
Although surveillance is most commonly used in car wreck or motor vehicle accident claims, it is also used in other situations such as slip and falls or product liability claims where damages are claimed for personal injury.
Here are some survival tips from an experienced Ottawa personal injury lawyer to help you deal with the inevitable surveillance:
- Never, never exaggerate your limitations or the extent of your injuries from your accident when speaking to the insurance company or when going through the legal process. Assume that if you have played golf, they know. Assume that if you went hiking in the mountains they know. Assume that if you lifted the grocery bags out of your car, they know.
- If you spot your "tail" make a note of the date and time and what you have been doing over the previous 3-4 days. The investigators usually follow their targets for several days at a time. Awareness of what the detective may have observed could help you when you give your own evidence.
- Assume you will be monitored when you go to mediation, examination for discovery or any medical appointments. You are more readily located and observed because the insurance company knows when and where you are supposed to be. For example, we had one case where our client was observed having a smoke break during the mediation. In many other situations our injured clients have been caught on tape while attending rehab appointments.
- Don't speak to the investigators. They should not approach you and you should not approach them. If they try to speak to you or interview you, decline and let your personal injury lawyer lawyer know right away.
A common defence tactic is to obtain surveillance. Then, on examination for discovery, to try to elicit evidence that can be contradicted by the surveillance. For example, the insurance company might try to get footage of you walking without your cane, and then get evidence from you where you say you cannot walk without a cane. Contradiction achieved! Remember, surveillance can only hurt you if you are shown performing tasks that you deny being able to perform.
Surveillance can actually boost your case in some instances. If the insurer displays a dvd to to jury, your lawyer may have an expert explain that it shows a problem with your walk or another medical problem that will bolster, not hurt, your claim. Or you may be observed taking a rest or requiring support in some other fashion.
As is so often the case in a personal injury case, the most important aspect is to be as accurate as possible about the impact of your accident.
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