How to Deal with Surveillance by Insurance Companies in Kankakee, IL Car Crash Cases

The aftermath of a car accident is a difficult and stressful time, particularly when you’re dealing with injuries. You’re likely focused on medical appointments, physical therapy, and the stress of mounting bills. For many, the legal process seems like a distant concern. However, in the background, the at-fault driver’s insurance company may be actively working to minimize their payout. One of their most aggressive tactics is surveillance, which can be unsettling to discover.

Why Do Insurance Companies Use Surveillance in Car Accident Cases?

Insurance companies are for-profit businesses. Their primary goal is to pay out as little as possible on a claim. When you file a personal injury claim, you are asserting that another party’s negligence caused you harm, leading to physical, emotional, and financial damages. The insurance company’s job is to challenge that assertion.

They use surveillance to gather evidence that could discredit your claim. Their hope is to find video footage or photos that contradict your description of your injuries. For example, if you claim a back injury prevents you from lifting more than a few pounds, an insurance investigator might try to capture footage of you carrying grocery bags or doing yard work. This footage, even if taken out of context, can be used to suggest your injuries are not as severe as you claim, thereby reducing the value of your case or leading to its dismissal.

What Exactly is Insurance Company Surveillance?

Surveillance by an insurance company can take many forms, from low-tech to highly sophisticated. The most common types include:

Physical Surveillance: An investigator may actively follow you in their car, filming or taking photos of your daily activities. They might be discreetly parked near your home, workplace, or a doctor’s office, observing your movements and interactions. This type of surveillance is most often used to capture you engaging in activities that seem inconsistent with your alleged injuries, such as lifting heavy objects, participating in strenuous hobbies, or demonstrating a range of motion that contradicts your reported limitations. The investigator may use long-range lenses and hidden cameras to document their observations.
Social Media Monitoring: This is one of the easiest and most common forms of surveillance today, given the prevalence of online platforms. An insurance adjuster or investigator will meticulously review your public social media profiles on platforms like Facebook, Instagram, Twitter, LinkedIn, and TikTok. They actively search for photos and videos of you on vacation, participating in sports, attending social gatherings, or even just smiling or appearing active. A picture of you lifting your child, a post about a recent hike, or even a comment about feeling good could be twisted to suggest you are not in pain or that your injuries are not as severe as claimed. It’s important to remember that even seemingly innocuous posts can be taken out of context.
Database Searches: Insurers have access to a variety of powerful databases that track vast amounts of your personal information. This can include your comprehensive medical history, details of past claims you have filed with any insurance company, your driving record, public records, and even your credit report. They are looking for anything that might suggest a pre-existing condition that could be blamed for your current injuries, a pattern of litigious behavior, or any discrepancies in your reported information. These searches can provide a broad overview of your past activities and claims.
Interviews with Friends and Family: While less common, an investigator may attempt to interview people who know you, such as friends, family members, neighbors, or even former co-workers. They might present themselves in a non-threatening manner and ask seemingly innocuous but leading questions designed to elicit information that could undermine your claim. For instance, they might ask about your activities before the accident, your general demeanor, or any complaints you’ve made. It’s critically important to remember that you and your family are under absolutely no obligation to speak with these individuals, and doing so without legal counsel is generally not advisable.

What Does the Law Say About Surveillance in Kankakee, IL?

Surveillance, in and of itself, is not illegal in Illinois. As long as the investigator is operating in public spaces where you have no expectation of privacy, they are generally within their rights to film you. This means they can film you on the street, at the park, or in a store. However, there are lines they cannot cross.

Private Property: They cannot legally enter your private property without your permission to film you.
Expectation of Privacy: They cannot film you in places where you have a reasonable expectation of privacy, such as inside your home. They can, however, film you in your yard or on your driveway if it’s visible from a public road.
Harassment: The surveillance cannot be so intrusive or persistent that it constitutes harassment. If you feel threatened or believe the surveillance has crossed the line into illegal activity, you should contact law enforcement.

How to Protect Yourself from Surveillance and Safeguard Your Claim

While you cannot stop an insurance company from conducting legal surveillance, you can take proactive steps to protect yourself and your case. The actions you take in the months following your accident are very important.

Set Your Social Media to Private: This is one of the most effective and easiest ways to prevent an insurance company from using your online life against you. Make all your social media accounts private. Change your settings so that only friends can see your posts and photos. Be mindful of what your friends and family post about you as well, and consider asking them not to tag you in photos or posts related to your activities.
Assume You Are Being Watched: Live your life authentically, but with the understanding that you might be under surveillance. This doesn’t mean you should stay indoors or avoid all activity. Instead, it means being honest about your limitations. If your back injury prevents you from lifting a heavy bag of dog food, don’t try to lift it just to prove a point. Ask for help.
Be Honest About Your Injuries: Throughout your medical treatment and legal proceedings, be completely truthful about your symptoms and limitations. Don’t exaggerate your pain or claim you can’t do something you can. The slightest inconsistency can be exploited by an insurance company.
Follow Your Doctor’s Orders: Follow your treatment plan diligently. Go to all your physical therapy sessions and appointments. If you miss a scheduled doctor’s visit, an insurance adjuster will question why you didn’t, suggesting your injury is not as serious as you claim.
Don’t Talk to the Other Side: After the accident, you may receive calls from the at-fault driver’s insurance company. You should be cautious. You are not obligated to give them a recorded statement. Adjusters are trained to ask questions that can get you to admit fault or downplay your injuries. All communication with the insurance company should go through your attorney.
Keep a Pain Journal: Documenting your daily life can be a powerful tool to fight surveillance. A pain journal is a log where you write down your pain levels each day, the specific activities you had trouble with, and how your injuries have impacted your life. This provides a detailed, consistent record that can be used to counter out-of-context video footage.

Kankakee, IL-Specific Considerations

Local context is often relevant in personal injury cases. In Kankakee County, for example, your case may be heard at the Kankakee County Courthouse on E. Court Street. The local legal community and local court procedures can also impact how a case proceeds. An experienced Kankakee County attorney will have an understanding of these local nuances and how to handle a claim effectively within this jurisdiction.

The tactics used by insurance companies are often the same everywhere, but the local context—from the specific judges and opposing counsel you might face to the local hospitals and medical professionals you seek treatment from—can play a part in the litigation process. An attorney with deep roots in the community can often anticipate these local-specific issues.

Building a Strong Case: The Importance of Evidence

Surveillance is just one part of the insurance company’s strategy. To build a strong case and counter their tactics, your attorney will need to gather and present compelling evidence. This includes:

Medical Records and Bills: Comprehensive medical records are a cornerstone of any personal injury claim. They document the diagnosis, treatment, and prognosis for your injuries. All medical bills should be collected to prove your economic damages.
Accident Reports: The police report from the Kankakee Police Department, the Kankakee County Sheriff’s Office, or the Illinois State Police will contain key information about the accident, including witness statements, diagrams of the scene, and the officer’s initial assessment of fault.
Witness Statements: If there were witnesses to the crash, their statements can be important in establishing liability. An attorney can work to get these statements on record.
Photographs and Videos: Pictures of the accident scene, vehicle damage, and your visible injuries are all invaluable.
Expert Testimony: In some cases, it may be beneficial to have an expert witness, such as a medical professional or an accident reconstruction specialist, provide testimony to clarify the nature and severity of your injuries or how the accident occurred.

How a Kankakee Personal Injury Attorney Can Help

The legal process for a car accident claim is often far more complicated than people realize. It’s not just about proving the other driver was at fault; it’s also about protecting your claim from the tactics of aggressive insurance companies.

A skilled Kankakee County personal injury attorney can:

Handle All Communication: Your attorney can act as a buffer between you and the insurance company, handling all calls, emails, and correspondence. This ensures you don’t inadvertently say anything that could harm your case.
Conduct a Thorough Investigation: Your legal team can investigate the accident, gather evidence, interview witnesses, and preserve key information.
Evaluate Your Damages: We can help you determine the full value of your claim, including economic damages like medical bills and lost wages, and non-economic damages like pain and suffering.
Negotiate on Your Behalf: We will negotiate with the insurance company, presenting a comprehensive demand package that is supported by a strong foundation of evidence.
Prepare for Litigation: If the insurance company refuses to make a fair settlement offer, we can prepare your case for trial and advocate for you in court.