One of the worst things an accident victim can do is fake an injury or exaggerate the injuries they did receive.  Unfortunately this is a practice many do in hopes of getting a better settlement.  Because of these practices the insurance industry has long resorted to video surveillance to catch these culprits.  Some critics feel that these practices have gone too far when the insurance video tapes truly disabled people and using the videos against them. The sad part is these “scam artists” make the process a nightmare for those Kentucky accident victims that were truly injured in an auto accident.

I recently read about a case in point, Jack “Rocky” Whitten. Mr. Whitten suffers from several residual symptoms as a result of a broken neck from a fall.  He has vision problems, memory issues and is often in excruciating pain.  Mr. Whitten fortunately had purchased disability insurance ten years ago that would pay him 60 % of his salary if he ever became disabled. After his fall three doctors declared him permanently disabled and he began receiving benefits in 2003.

Last year a representative from Hartford Insurance Company visited Mr. Whitten and his wife and questioned his limitations. The claims adjuster then pulled out a video that showed Mr. Whitten getting out of a van, looking at a magazine, and eating chips and salsa.  Maybe you are reacting like I did and are saying “So what?” Shortly after this visit the Whitten’s received a letter from Hartford explaining that his benefits would be cut off based on the video and a report from a doctor hired by Hartford –who had never examined Mr. Whitten- that claimed he, was able to work based on the video. After a phone call from national television show Good Morning America Mr. Whitten’s benefits were restored. Hartford believes this claim has been handled fairly and strongly.

This process a doctor looking at records and not examining the patient is called a “Peer Review”. It is a common practice in cases and is frequently used in Kentucky car accident cases to review medical payments submitted under PIP. The medical care is often found to be unnecessary or unrelated to the car wreck by the peer review doctor. The insurance company will deny payment based on this “paper review’. This forces the accident victim to litigate their case against the car that caused the accident and their own insurance company. The process is very frustrating to those accident victims who have legitimate injuries. Many times those unrepresented by an attorney will stop treating which is detrimental to their claim and recovery.

Insurance companies have been using video surveillance tactics for years. I have seen this in Kentucky cases. I have watched videos of accident victims painting houses and dancing. In our new internet world insurance companies have also become cybersleuths. The internet has an abundance of information that is available to them by looking at Facebook, Myspace, YouTube, etc. Don’t give them  a reason to deny your claim. Be careful. As we can see from Mr. Whitten, even the most innocent action will be misinterpreted.