Why do insurance companies say that sub-rosa investigations are such a “powerful tool?”
Here is a quote about insurance company sub-rosa investigations:
The use of Sub Rosa is one of the most powerful tools a claims professional has to document evidence. What is more damaging than someone caught on film cutting and stacking wood when hours earlier he was barely able to hobble into a doctor’s office? Film that catches a subject in unguarded moments will document the claimant’s true physical limitations and the confirmation of a fraud.
The long and short of it is that insurance companies spend the money on following you because it works. They are out to destroy your credibility.
Why does the insurance company usually try and take surveillance videos you before your deposition (and before your trial)?
A deposition is an out of court proceeding where an attorney gets to question a witness. Always with a court report and sometimes with video. It is under penalty of perjury.
A deposition is another ripe area of folks making mistakes.
The insurance company lawyer is going to be able to take your deposition before your trial.
They are going to try and show inconsistencies between what you claim your limitations are (or what your doctor says your limitations are) and what they have you on video doing.
"What have you been doing since your overseas injury?"... and other case wrecking questions...What questions should I be looking out for?
At your deposition, when the insurance company lawyer starts asking you pointed, directed questions about your activities since your overseas civilian contractor injury, you can usually bet that they have sub-rosa videos of you doing these things.
For example, since you "accident" (they will define it as your "overseas civilian contractor injury"), have you:
Taken out the garbage?
Gone to the gym?
Worked on your car
Carried your children?
Mowed your grass?
Know this. They are hoping that you will deny doing these things. Because then, they have you in a lie. Gottacha. Not good. Not at all. On any level.
Think long and hard before answering these type of directed questions.
How can I avoid the DBA insurance company case wrecking tricks and traps?
I strongly suggest that you read my book - Win Your Defense Base Act case before you talk to the DBA insurance adjuster, sign any documents, give a recorded statement or even hire the wrong lawyer. My book covers all of these topics in depth. And most importantly, it will help you avoid all of the DBA insurance company tricks and traps that folks like you fall for every day that will tank your case.
In the meantime, check out some of the 5 worst mistakes that wreck folks Defense Base Act cases.
Why will the DBA insurance company give the defense doctor sub-rosa videotapes of me?
You can expect the DBA insurance company doctor having videos of you doing all of the stuff that you have done in public.
The defense doctor will be asked to comment on what they see in the videos. If there are inconsistencies between what you say you can and can not do due to your injuries, this is another way that they will try and attack your credibility and character.
This is another reason why you MUST NEVER lie or exaggerate.
So, when the insurance company doctor starts asking you pointed questions like, "Have you done this?" Or, "have your done that?" You can bet that they have videos of you.
I'm not suggesting that you admit to doing things that your haven't done. But you had dang well better be sure that you don't deny doing things that you have done.
Are surveillance videos used in PTSD cases also?
Absolutely. If you claim you’re all depressed and down due to your PTSD and they get videos of you out having a great time, that is inconsistent with how you present yourself to your doctors and at trial.
Can you see how videos of you laughing, smiling, and having fun would be a tad inconsistent with you saying you’re depressed and withdrawn due to your PTSD? Even if you might not, your Judge sure may see the inconsistency.
What are the basic rules that I should know about sub-rosa surveillance videos?
First, expect that everything that you do in public is being videoed by the DBA insurance company.
Second, don’t do anything in public that you wouldn’t want the Judge in your case to see.
Public being defined as anyplace where you can be videoed by an insurance company investigator.
Your yard, the gym, the mall, in front of your church, at the park, etc. You get the idea.
Why you shouldn’t get the idea about what I’m telling you about sub-rosa investigations?
I am not in any way suggesting that you should be hiding stuff and bringing a fraudulent claim. Not in the least. I realize there is a huge difference between working on your car or taking the garbage out and wearing full-kit, in theater. I get it.
I can also see how if you have PTSD you may have good days and not so good days.
But, your Judge might not. The defense medical examiner won’t get it.
Here is the bottom line. The DBA insurance company is coming after you. You need to know that. The less things that you have to try and “explain away” at your trial the better.
I am not suggesting that you stop living your life. If you are going to do activities, I suggest that you discuss them with your doctor first. It’s better if your doctor puts this in his/her report. Or, at least in their her/his chart notes.
And if you do try to say - work in the yard - the next time you see your doctor tell your doctor that you worked in the yard. Tell your doctor how it went. If you had increased pain and discomfort the next day, tell your doctor that also. If you handled it fine, tell them that.
Just be honest with your doctor.
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This article isn't legal advice
These discussions and/or examples are not legal advice. All legal situations are different. These testimonials, endorsements, photos and/or discussions do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, or your particular case/ situation. Every case is different. There are any number of reasons why DBA cases are not won and/or are not as successful folks might have hoped for.
Just because we have gotten great results in so many other Defense Base Act cases, doesn't guarantee in particular result in other cases. Including, your DBA case. Every case is different.