Private Investigators hired by NSW CTP Insurance Companies often contact individuals involved in motor vehicle accidents. These investigators seek to interview or take statements from accident victims as part of the CTP claim assessment process.
It is crucial for motor vehicle accident victims to be aware of their rights and understand that they are not obligated to speak with these private investigators.
The Role of Private Investigators
CTP insurance companies in NSW often hire private investigators to gather information following motor vehicle accidents. These investigators typically aim to obtain statements from accident victims, witnesses, and anyone involved in the accident. Their role is to collect information that may assist the CTP insurance company in determining liability and assessing the compensation claim.
Know Your Rights
It is essential that motor vehicle accident victims are aware of their rights when dealing with private investigators hired by CTP insurance companies. Therefore, before speaking to a private investigator about your accident you should carefully consider the following:
Am I obligated to speak to a private investigator?
Private investigators will often make out that you are obligated to speak with them. They will also act like it is common procedure and can be persuasive in requesting that you participate in an interview or provide a statement.
However, you are not obligated to speak with private investigators or provide a statement. You have the right to seek legal advice before engaging in any interviews or discussions related to the motor vehicle accident.
Seek legal advice
If you receive a request for an interview from a private investigator, we strongly suggest you contact an expert CTP lawyer for advice.
An experienced CTP lawyer in NSW will provide legal advice tailored to your specific situation and guide you through the process of dealing with a private investigator and your personal injury claim.
Privacy and harassment
While private investigators may attempt to contact you, you have the right to privacy. Therefore, they should not harass or intimidate you. If you feel uncomfortable with their approach, consider reporting the matter to the CTP insurance company or seek legal advice.
Other tactics used by Private investigators hired by insurance companies
Social Media
Private investigators hired by CTP insurers will often monitor social media profiles to gather the information that may be used against your personal injury claim.
Accordingly, you should exercise caution on social media platforms like Facebook and Instagram. You should be cautious about what you post and how even an innocent post could be portrayed or misconstrued by CTP insurers.
Surveillance
CTP insurers will sometimes hire private investigators to conduct surveillance on injured motor vehicle victims if they believe they are exaggerating their injuries or attempting to mislead doctors or insurers.
There are several forms of surveillance, including:
- Electronic – monitoring social media accounts.
- Technical surveillance – setting up fixed cameras in undisclosed locations that you might frequent.
- Tracking – private investigators will follow and film you while you go about your day. They might film you doing the grocery shopping, taking your kids to sports or doing other activities.
While investigators have some authority to monitor you, there are limits to their power. They are not permitted to record you in private areas of your home, hack into your email accounts, tap your phone, or enter your property without consent, or harass or threaten you. It’s important to know your rights in these situations.
Conclusion
If you have been involved in a motor vehicle accident in NSW and are contacted by a private investigator hired by a CTP insurance company, it is important to remember that you are not obligated to speak with them.
Prioritise seeking legal advice from a CTP lawyer and understand your rights before engaging in any interviews or discussions about your motor vehicle accident.
Be honest about your injuries and limitations.
Choosing Stacks Goudkamp for your CTP claim?
By choosing Stacks Goudkamp to represent you for your CTP injury claim, you will be in the best of hands. You can be confident that your personal injury lawyer will have the knowledge and the experience and the personality and character to do their very best for you to ensure that your claim is successful and that the compensation process is as stress free for you as possible.
We will act for you on a no win, no fee basis. We will gather evidence from various medical experts, the police and other experts. We will also examine how your injuries have impacted your ability to participate in the activities you enjoyed prior to the accident and your ability to continue working. When finalising motor vehicle cases we conduct thorough negotiations with at-fault parties and insurers in order to obtain the maximum amount of compensation you are entitled to. In many cases, we are able to do this successfully without the need of going to court.
If you or someone you know has been injured you should contact Stacks Goudkamp, on (02) 9237 2222 or enquire online.
Written by Karina Goodall
Karina Goodall is a Practice Group Leader at Stacks Goudkamp specialising in motor vehicle accident claims and superannuation and TPD claims.
