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Surveillance Cases

You may wonder how adjusters decide when a claim, or claimant, should be under surveillance—also known as a sub rosa investigation.

New Jersey accident attorneys should be aware that insurance claim personnel have “red flags” that indicate to them the need to put a claimant under surveillance.  While discussed in a tongue-in-cheek manner, any one of the following situations may present the insurance adjuster adequate reason to raise a red flag in his or her mind.  The odds that the claim will come under surveillance may go up considerably when this occurs.

  • Nike test.   A claimant wearing a Nike jogging suit comes in to pick up his or her compensation check.  (Any other sporting line of apparel such as Adidas qualifies as well).  Adjusters wonder why you are wearing workout gear if you are disabled.

  • Recidivist test.  The same physician and/or injury lawyer was used by the claimant in past injury claims.  Adjusters wonder if the claimant, physician, and lawyer are working together regarding personal injury settlements and “gaming” the system.  Many New Jersey accident attorneys know that coincidental tandems, or situations where the same doctor and attorney appear in personal injury cases over and over again, are something adjusters look out for.

  • Professional claimant.  The claimant has a busy history of claims, as revealed on an Index Bureau printout.  Most large claim administrators and insurers subscribe to a service known as the Central Index Bureau, which is a database that compiles information on bodily injury claimants.  Information such as the name of the attorney, the physician and the type of injury may show up on an Index Bureau “hit” as well as the type of prior claim. Numerous New Jersey accident attorneys realize that adjusters in well-run claim offices are encouraged, or even required, to file an Index Bureau sheet on every claim for bodily injury and look intently at the information it can provide.

  • Recurring injury.  The claimant possesses a lengthy history of similar types of injury, which leads adjusters to be suspicious.  They will question if the claimant’s injury is truly legitimate or if the claimant is using the injury for secondary gain factors.

  • Too convenient.  The claimant reports the recurrence of a problem before certain situations.  For example a claimant’s back/neck troubles flare up right before a union strike, cold weather, or workforce layoff.  For some reason these injuries are usually quiet in nice weather.  

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If you are interested in discussing your case with a competent New Jersey accident attorney, please contact the experienced trial attorneys at the Clark Law Firm, 877-841-8855.

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