I have been writing about disability claim surveillance for 26 years now and it is surprising how many insureds and claimants disregard the information I give them. Perhaps, if insureds realized that there are some things they can’t “undo”, perhaps the topic would be more adhered to.
Insureds do not often pay attention to insurance surveillance because they don’t understand the possible legal ramifications of it. As an insured, you are telling a major insurance company that your disability is so bad it is preventing you from returning to work. In addition, your treating physicians are certifying that you can’t work by documenting medical restrictions and limitations. Insurance companies always want to “check it out themselves” so they will conduct one or more surveillances. If insureds are seen exceeding reported medical R&Ls, it is presumed the insured lied to the insurance company and charges of insurance fraud can be brought through the local state Attorney General. So, we’re not just “clowning” about surveillance, someone could wind up in jail.
Insurance companies typically conduct a three-day surveillance taking place on Thursday, Friday and Saturday. Technology is such that observers can see you more than 500 yards away, and can use the GPS in your phone to find you. Sometimes, they “tag” surveillance and use more than one vehicle. But, insurance surveillance has been elevated to nearly a full day of online surveillance checking social media, AI records, town hall records, Departments of Motor Vehicles etc. If you have a presence on social media at all, you will be found and documented. There is no way to escape with a VPN, Encryption etc. serves no real threat to those who are prepared to hack into Trojan software to get the information they need.
Most people tell me “I’m not worried about surveillance, I never do anything wrong.” When I hear insureds say this, I know they do not know anything at all about insurance surveillance, or just don’t want to hear it. It’s not what you DO, it is how it is interpreted. You can never UNDO the damage of surveillance since “seeing is believing” and a jury will always believe what they actually see in court.
My experience has also taught me that Murphy’s Law is still in play. So, you decide to take the family on a plane and go visit Grandma for two weeks. Although insurance teams are not hiding around every bush, Murphy’s Law dictates that “the worst possible event will happen at the worst and most unexpected time.” It wouldn’t be the first time an insured took the risk of taking a trip only to find they didn’t have a claim when they got back.
What is unfortunate these days is that insureds just don’t believe me. And, they aren’t listening to those who know. Or, it could be that people are just going to do what they’re going to do. However, in my mind, a $10,000/month benefit is a high risk to take to ignore the possibility of surveillance and discontinuance of a claim.Therefore, listen, or don’t listen, but what I’m writing about on my Blog is true, and could happen to you.
I hope insureds reading this post will take this information seriously. You can’t explain away why you were recorded exceeding medical R&Ls YOU SAID YOU COULDN’T DO. And, there are some things Consultants and Attorneys can’t walk back. The future of your claim is up to you and I hope you act sensibly this summer.
