Have you been outside enjoying this beautiful summer? If you are an auto accident victim with a pending lawsuit, expect that you are being watched. Auto insurance companies use private investigators to film and document what claimants are capable of doing on an average day. For instance, if a Plaintiff claims to not be able to return to work or needs household replacement services, an investigator may try to film them gardening, washing their car, or playing outside with their kids.
As a Plaintiff, you should expect the insurance company to hire investigators and conduct surveillance. The insurance companies will use this surveillance to show that the Plaintiff is not actually injured or show that the Plaintiff is able to do things that they are claiming they need assistance with. A court may find that the surveillance when compared to their deposition testimony and household replacement form submissions rises to the level of “fraud” and may throw out the case. If the court does not dismiss the case, you can bet that any offers from the insurance company will be substantially lower.
It is important that a Plaintiff testify truthfully at deposition and submit proper household replacement forms. I always tell a client, “Do not try to make your case better than it is.” Be honest in the deposition as to what you are able to do and not do. If a Plaintiff testifies that they need assistance with household chores, but then they are filmed cleaning gutters, their case will most likely not survive.
If you have been injured in an Auto Accident, contact The Law Offices of Joumana Kayrouz at 248-557-3645 for a free consultation.