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Surveillance in personal injury claims

Did you know that if you have a motor vehicle accident, work injury, or a slip and fall, the insurer might appoint investigators to investigate the factual basis of your claim or conduct surveillance?

Insurers who are conducting surveillance in personal injury need to comply with the Claims Management Standard 510: Surveillance. Here are some things you should know about how these investigations might occur:

  • Insurers might conduct surveillance if they suspect you are showing or providing misleading information, or that information from you is inconsistent with other information or documents that the insurer has received.
  • These investigators might approach people who know you to see if they corroborate the symptoms you have told the insurer you suffer, or they might conduct video surveillance of you to find out directly.
  • Surveillance can be as simple as scouring the internet and social media, like Facebook, Instagram and Youtube.
  • Surveillance can be conducted from places regarded as public places (like a shopping centre) or where you can be viewed, whilst on private property, by members of the public (like the street).
  • The investigator cannot interfere with your activities, and they cannot attempt to induce or entrap you by impersonation or misrepresentation.
  • You might never know that you have been subject to surveillance. The insurer does not need to tell you that surveillance has occurred, but might later rely on that surveillance to discredit you, or allege fraud.

For more information about surveillance in personal injury claims, call our injury compensation lawyers on 13 58 28. You can also read our other compensation articles on our website or visit one of our injury lawyers in Ipswich, Gatton, Springfield or Brisbane.

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