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If a person is in a "public" area, they have no "reasonable expectation of privacy" and can be videotaped as part of an invesigation if the insurance company believes there is some type of violation of insurance laws. If a person is in private, this could constitute an invasion of privacy.
When a claim is filed by an injured person (or with a continuing claim), insurance companies routinely conduct a detailed investigation of the injured person's background. It is not uncommon for an insurance company investigator to park his surveillance van near your house and videotape your activities. These investigators work very hard to obtain videotapes of claimants lifting heavy groceries or engaging in strenuous physical activity. However, these same surveillance tapes have been useful to corroborate a claimant's limitations, including the use of canes, crutches, etc.
Yes, it is also lawful in Maine. In fact, there are private investigation companies that specialize exclusively in doing surveillance work for insurance companies. Insurance companies attempt to deny all claims, including valid ones and commonly use surveillance to try to catch claimants who are attempting to defraud them. Even if a person's injuries have been well documented by a doctor, their fraud divisions may from time to time try to "catch" someone doing something that they allege that they are physically unable to do in an attempt to terminate a claim.
It doesn't seem right, but they are within their legal rights to do so.
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