EL PASO, Texas (KFOX14\/CBS4) \u2014Insurance companies may be watching more than just social media after a crash, according to attorney Daniela Labinoti.<\/p>\n
In a weekly \u201cLegal Jargon\u201d 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.<\/p>\n
\u201cThat is 100% true, especially if it involves a commercial case hit by a semi,\u201d Labinoti said. \u201cYou are 100% having an investigator who follows you around for months.\u201d<\/p>\n
Labinoti said she has received video clips of investigators tracking her clients for extended periods and recording them in everyday situations. <\/p>\n
\u201cI mean, I get clips where they have followed my clients for months and they have captured it at different locations, at different places,\u201d she said.<\/p>\n
Labinoti described examples she said have come up in cases, including one where <\/p>\n
\u201cThe 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.\u201d She also said investigators have captured another client going to the gym and another client kissing his girlfriend goodbye before going to surgery.<\/p>\n
Labinoti said the concern is that insurers may use selective footage to suggest someone is exaggerating or lying about injuries. <\/p>\n
\u201cThey\u2019re not capturing you being injured,\u201d she said. \u201cThey\u2019re not capturing you after surgery.\u201d<\/p>\n
Instead, she said, investigators may focus on moments when someone appears to be functioning normally. <\/p>\n
Labinoti said insurers \u201cfind 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\u2019re trying to deceive the jury or them about your injuries.\u201d<\/p>\n
Labinoti also shared her own experience with injury and recovery, saying, <\/p>\n
\u201cI have been really injured and I\u2019ve had neck surgery and it was really, really bad.\u201d She said that later moments\u2014such as spending time with family\u2014could be misleading if taken out of context. <\/p>\n
Labinoti said investigators may even record from down the street using zoom lenses. <\/p>\n
\u201cSo unfortunately, we\u2019ve even seen cases where they go like five houses down and they have those wonderful magnifiers, zoom cameras and they can capture you,\u201d she said. \u201cSo yes, they\u2019re following you.\u201d<\/p>\n
As for what people can do, Labinoti said options are limited. <\/p>\n
\u201cNothing 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,\u201d she said.<\/p>\n
She suggested documenting the full reality of an injury and recovery. <\/p>\n
\u201cMaybe what you need to do is record yourself when you\u2019re injured,\u201d Labinoti said, adding, \u201cHave 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.\u201d<\/p>\n
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 \u201ca very high, high chance of 100% they are\u201d looking at posts if someone is involved in a crash.<\/p>\n
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