What else can insurers do?

Under Georgia law, what does the insurance company have the right to record? The answer is rather complex and depends on whether the recording contains audio or video.

Georgia is a "one-party consent" state for audio recordings. O.C.G.A. §16-11-66(a) states that a person may intercept a communication "where such person is a party to the conversation" even if it would be otherwise prohibited under O.C.G.A. §16-11-62. What this means, simply, is that the insurance company has the right to record any telephone calls they make to you because they are a party in the conversation. At least one party needs to know about the recording, so they can technically record you whether or not you agree to it.

This does not mean, however, that they can record other conversations that you have regarding your accident or injuries. Third party recordings of phone calls are prohibited unless they take place in public.

Video recording however is a different matter entirely. There are some specific rules about where the recording can or cannot take place that are spelled out in O.C.G.A. §16-11-62(2). The statute specifically prevents someone from taking any photographs or video of another while they are not in a public place unless they have consent from all the individuals being recorded. So while the recording of video behind closed doors is not generally permissible, the interpretation of "public space" is often determined by what can be seen from the street.

Can they record me anywhere?

So, essentially, if you have made a claim to an insurance company, they have the right to record telephone conversations they have with you. They also have the right to record you in public spaces and anywhere that is private that is easily viewable from a public space.

This does not mean they have the right to use a special zoom lens or climb a tree in order to be able to see into your windows, but it may mean that they can see activity that is going on in your home that is viewable from the street.

Of course, the filing of a claim does not mean that you give up the right to privacy entirely, but it does open your behavior up to inspection. It is imperative that you comply with the doctor's orders, even on the days when you might be feeling better, because any actions not in line with what the insurance company has been told are your limitations can be used to discredit your claim.

The insurance companies have legal counsel and you should as well. Contact Jason R. Schultz at 404-474-0804 to make sure you understand your legal rights and obligations.

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.