Video the Videographer To Prevent Fraud From Both Sides!
August 13, 2010
I often come across this issue in cases where a client has been followed by a videographer for sometime to catch him in acts that he claims he cannot do. This is a real issue and can hurt a case or even destroy it if not dealt with properly. Often, I have seen, the videos the insurance company is attempting to use have been highly edited.
In fact, in one deposition the videographer admitted to the fact that the insurance company had instructed him to not film any instances that may give credence to the fact that the person was in fact injured–that is he was to turn the camera off if we could clearly see the person in pain or having difficulty doing his day to day activities.
Fighting fraud is a legitimate goal. Fraud hurts both the insurance companies and also the legitimate victims of injury who not only will have to prove their claim but will also have to prove the legitimacy of their claim–which adds to the burden of proof they already carry and is becoming more and more difficult each day.
An insurance company is paying Langford, a private investigator, to follow a man who is drawing workers compensation checks after claiming he hurt his back at work.
On this mid-June day, Langford watched him leave a doctor's appointment in West Ashley and drive to a downtown Charleston restaurant for several hours. The PI’s wife and business partner, Laurie, sits in a sport-utility vehicle that’s parked out of sight a few blocks away, listening to him speak through a black device planted in his ear.
“It isn’t like he’s going to work,” he remarks of the man he is tailing.
The Langfords, both retired New York City police officers, say they’re increasingly asked to run surveillance on people who are trying to extract money from insurance companies. Representatives are referring an increasing number of suspicious cases to insurance fraud watchdog agencies, while national numbers show that certain types of suspicious insurance activity have fluctuated since the economic downtown began.