Why Insurers Conduct Surveillance

Yes, in Ontario, insurers do have the right to conduct surveillance on claimants who have filed a motor vehicle accident claim. This surveillance is typically used to verify the extent of the claimant’s injuries and the validity of their claims12. However, there are strict rules and regulations that insurers must follow to ensure that the surveillance does not violate the claimant’s privacy rights12.

Why Insurers Conduct Surveillance

Insurers conduct surveillance to:

• Verify Claims: Ensure that the claimant’s reported injuries and limitations are accurate.

• Prevent Fraud: Detect any potential fraudulent claims.

• Assess Compensation: Determine the appropriate amount of compensation based on the claimant’s actual condition12.

Ways to Fight Surveillance

If you believe that the surveillance is intrusive or unfair, here are some steps you can take:

1. Be Honest and Transparent: Provide accurate and complete information about your injuries and limitations to your insurer. This reduces the likelihood of them suspecting fraud and conducting surveillance1.

2. Document Everything: Keep detailed records of any surveillance activities you notice, including dates, times, and descriptions2.

3. Seek Legal Advice: Consult with a personal injury lawyer who can advise you on your rights and help you challenge any inappropriate surveillance2.

4. File a Complaint: If you believe your privacy rights have been violated, you can file a complaint with the Office of the Privacy Commissioner of Canada or the Information and Privacy Commissioner of Ontario2.

Challenging Surveillance Evidence in Court

To prevent surveillance evidence from being accepted in court, you can:

1. Question the Legality: Argue that the surveillance was conducted illegally or violated your privacy rights2.

2. Challenge Relevance: Demonstrate that the surveillance evidence is not relevant to your case or does not accurately reflect your condition2.

3. Prove Intrusiveness: Show that the surveillance was excessively intrusive or conducted in a manner that constitutes harassment2.

A personal injury lawyer can help you build a strong case to challenge the admissibility of surveillance evidence.

When you choose Porcelli D’Angela LLP, you are choosing unparalleled expertise, dedication, and personalized service.  What stands out is our years of experience which has established a proven track record of success, a deep understanding of the legal landscape, and a commitment to client satisfaction.  With our team of skilled legal professionals who specialize in personal injury law, Porcelli D’Angela LLP offers clients a wealth of knowledge, strategic thinking, and a relentless pursuit of justice, ensuing their legal matters are handled with the highest level of professionalism.

Call us at 647-490-944 for a free, no hassle consultation.  At Porcelli D’Angela LLP, you do not pay unless you recover money.

Disclaimer: The explanations and information provided here are for general informational purposes only and are not intended to be legal advice. Always consult with a qualified lawyer or legal professional for advice specific to your situation.