EL PASO, Texas (KFOX14/CBS4) —Insurance companies may be watching more than just social media after a crash, according to attorney Daniela Labinoti.

In a weekly “Legal Jargon” segment on ARC El Paso, Labinoti said insurers can hire private investigators to follow people in person after an accident, particularly in commercial cases involving a semi-truck.

“That is 100% true, especially if it involves a commercial case hit by a semi,” Labinoti said. “You are 100% having an investigator who follows you around for months.”

Labinoti said she has received video clips of investigators tracking her clients for extended periods and recording them in everyday situations.

“I mean, I get clips where they have followed my clients for months and they have captured it at different locations, at different places,” she said.

Labinoti described examples she said have come up in cases, including one where

“The poor gentleman was at home, opened his door with his underwear and he was pulling a couch so he could watch his kids play football.” She also said investigators have captured another client going to the gym and another client kissing his girlfriend goodbye before going to surgery.

Labinoti said the concern is that insurers may use selective footage to suggest someone is exaggerating or lying about injuries.

“They’re not capturing you being injured,” she said. “They’re not capturing you after surgery.”

Instead, she said, investigators may focus on moments when someone appears to be functioning normally.

Labinoti said insurers “find those moments that you are actually living a normal life and they capture it and they create these movies to where it seems like you are a liar and you’re trying to deceive the jury or them about your injuries.”

Labinoti also shared her own experience with injury and recovery, saying,

“I have been really injured and I’ve had neck surgery and it was really, really bad.” She said that later moments—such as spending time with family—could be misleading if taken out of context.

Labinoti said investigators may even record from down the street using zoom lenses.

“So unfortunately, we’ve even seen cases where they go like five houses down and they have those wonderful magnifiers, zoom cameras and they can capture you,” she said. “So yes, they’re following you.”

As for what people can do, Labinoti said options are limited.

“Nothing you can do about it other than make sure you watch your surroundings and you do not act in any way that someone can use against you or might give the appearance of something that is not true,” she said.

She suggested documenting the full reality of an injury and recovery.

“Maybe what you need to do is record yourself when you’re injured,” Labinoti said, adding, “Have somebody record the moments of your injury so we can actually tell the community and the jury the entire picture. The whole story. The entire movie.”

The segment also reiterated a point raised previously: that insurance companies are likely reviewing social media after a crash, with the host saying there is “a very high, high chance of 100% they are” looking at posts if someone is involved in a crash.

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