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Frequently Asked Questions

I Think the Insurance Company is Video Taping Me Do I Have a Right to Privacy?

Frank Darras:

“When you make a claim for individual disability benefits, you put your physical and mental condition at issue, which means, if you say you can’t do certain things, or you have pain when you do other things, or you can’t drive because you’re cognitively impaired, because the medication you’re taking is causing side effects, your insurance company has a right to videotape you when you’re in public.”

“So when you step outside your front door, be aware. Carriers love to videotape, and not just for a day. They’re usually out there at 5:30 in the morning. And they’re going to stay there all day, until it looks like you’re not going anywhere else. I promise, they’ll be back the next day, because they eliminate that “I had a good day” defense. They’ll be back the next day and the next day after that.”

“They especially love holidays, because we tend to engage more at the holidays, especially Christmas. They want to see you shopping, carrying packages, and loading your car, when you said you couldn’t bend, or stoop, or carry.”

“So they have a right to videotape you, not through your bedroom window, not in your house. But if they bring a camera and lay it in a bag next to you at the gymnasium, you’re fair game.”

DarrasLaw is Americas' most honored and decorated disability litigation firm in the country. Mr. Darras has seen more, evaluated more, litigated more, and resolved more individual and group long term disability and long-term care cases than any other lawyer in the United States.

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