Maryland Personal Injury: Can the Insurance Company Take Surveillance Videos of Me?
The answer is “yes and no.” In Maryland, it is a crime to secretly take photos or videos of a person in a private setting (like their home). It is also a crime to make secret recordings of a telephone call (or other audio recording) without the speaker’s consent. However, in public places, taking photos and videos is allowed, and certainly, a person can take notes about what another person says to them. Further, where a person voluntarily makes videos, photos, and/or recordings public — like uploading them to FaceBook or other social media — anyone can lawfully have access to those videos, photos, and/or recordings.
What does this have to do with Maryland personal injury cases? Well, when a person suffers injury caused by the negligence of another person, the injured victim has a right to make a legal claim for compensation. This is usually done by making an insurance claim.
Naturally, the insurance company for the at-fault party wants to make sure that the victim is really injured and is not “faking it.” Thus, some insurance companies will send private investigators or agents to conduct surveillance on the person claiming to be injured. For example, if the injured party claims that they have difficulty walking after the accident, but the insurance company’s private detective sees the victim vigorously mowing the lawn for an hour and takes photos and video, those photos and video can be used as evidence showing that the victim is not as injured as the victim claims. The evidence does not violate the victim’s privacy since the person was in a public, visible place — their lawn. Such evidence will ultimately mean that the insurance settlement will be much less (since the claim about a limited ability to walk is false). Such photos and video can also be used in a Maryland courtroom — with a proper foundation. This can convince a jury that the victim is not entitled to make a recovery to compensate for alleged injuries.
In truth, the use of private detectives by insurance companies is unusual. The cost is high, and most victims are NOT “faking it.”
However, it is common for insurance companies to search for social media posts and accounts of victims. Social media posts and videos are definitely legal to collect since they are voluntarily posted on a public forum. To use a similar example, assume the victim claims that he or she has difficulty walking but then posts a Tik-Tok video showing him or her doing a three-minute choreographed dance routine. That sort of social media post will be problematic for your Maryland personal injury settlement.
The above is an obvious example of a social media post that becomes problematic. But less obvious posts, photos, and videos can also cause problems for your case. The best practice is to avoid social media posting while your claim/case is pending and be aware that more direct surveillance is a possibility.
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.
