Whilst the simple answer to this question is “yes”, in order to engage in an investigation of an injured person (“the Claimant”), the Insurer must have a valid reason to do so. These reasons could include:
- To interview or take a statement from the Claimant or witnesses to assist with the assessment of the claim.
- Where the Insurer believes that the Claimant is exaggerating or providing misleading information in relation to the claim.
- Where the Insurer believes that the claim is inconsistent with the information or documents in the possession of the Insurer.
In the event that the Insurer has engaged a private investigator to conduct surveillance on the Claimant, then the Insurer must have regard to the following:
- The surveillance must be conducted in public areas. If the Claimant is on private property, then the surveillance can be conducted only if the Claimant can be observed by members of the public.
- The investigator must not interfere with the Claimant’s activities.
- The investigator must not engage in any acts of trespass, inducement or entrapment; this includes sending friend requests on social medial accounts.
Some tips to consider, if you (or one of your client’s) has a current CTP claim include:
- Be upfront and honest! If you are being honest and have nothing to hide then you do not need to worry.
- If the Insurer has hired an investigator to take a statement from yourself or a witness, seek legal advice.
- Be cautious of what you post on your social media platforms. It’s preferred if you deactivate your social media accounts during the duration of your claim. If you continue to use your social media accounts, then ensure that you:
a. Update your privacy settings on each platform.
b. Be cautious of what you post.
c. Be aware of your “tag” settings. Even if your own posts are private, if you are tagged in someone else’s posts or photos, these may become publicly available.
If you have been involved in a motor vehicle accident and you are worried that the Insurer may have engaged a private investigator, please contact our Injury Compensation Team to understand your rights.
The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.
