Frank Darras, America’s Top Disability Lawyer, discusses whether insurance companies are acting lawfully when they perform surveillance on you.
“Oftentimes we hear claimants say, ‘They were videotaping me, or they said they got videotape of me over a five day period. Is that against the law?'”
“It depends. Insurance companies are entitled to evaluate what you said on your claim forms with how you appear in public. So once you leave your house if you are in a public setting, you’re driving, your shopping, you’re at the movies, you’re at dinner, you said you can’t sit, you can’t bend, you can’t stoop, you can’t push, you can’t pull, do you think they might want to see you at Walmart or Costco bending over to get some detergent?”
“Oftentimes we tell people, these disability policies didn’t come with a chauffeur. It didn’t come with a personal shopper. There are ‘have to’s’ in life. You need food, you’ve got to get to the doctor, and you need your medicine, so you may very well have to lift or carry or bend or stoop.”
“How long did they videotape you? Who videotaped you? Did they videotape you legally? Be very careful.”
“When you’re in public, you may not have a reasonable expectation of privacy. And also be very cautious about stringing activities together. You may have a good morning or a good afternoon, but it’s tough when the carrier sees you out there for 10 hours doing a bunch of activities. Be mindful, they’re videoing.”