There is a right way and a wrong way to conduct a subrosa investigation. In order to achieve the highest probability of success, a private investigator must know everything that should be and should not be done. However, some of the responsibility falls on the client. The following are the most important do’s and don’ts of a subrosa investigation and how it relates to a client.
Do have a foundation of suspicion.
Before we begin to investigate someone, we need to know that there is strong evidence to suspect fraud. It may not be good enough in a court of law, but it should be good enough to warrant surveillance of a suspect. This type of documentation may be based upon medical reports, eye witnesses or any other type of evidence that would lead you to believe there is fraud. With this evidence, we then can do a subrosa investigation to document, with video, that your suspicions are correct. Your initial evidence will form the foundation that justifies the expense of a subrosa investigation, and the evidence from this investigation will usually be enough to move forward with legal action.
Do provide us with the latest information.
Working with old information will put our investigation at an extreme disadvantage, and it is possible we will not be able to show success. Knowing where a suspect spends most of his or her time during the day as well as the evening will help us record their physical movements in public, as well as allow us to follow them to public areas and observe their behavior. The more current the information is that you provide us with, the better our chances will be for success.
Talk to a Private Investigator Today
Whether you’re just starting to ask questions or ready to move forward, we’re here to help. Reach out by phone, email, or schedule a time that works best for you.
Don’t spend too much time investigating.
Although there is no set time limit for any particular case, based upon the information our client provides us and our years of experience, we can estimate how long it will take to get a suspect on video demonstrating an action that is inconsistent with his or her legal claims. After a certain amount of time has passed doing surveillance, it is likely that the suspicions are simply not true. It is best to go forward with another case.
Don’t break laws while investigating.
It may seem tempting to cross over the legal line and violate privacy laws in order to document fraud, but under no circumstances will we do this, and our clients cannot expect us to do this either. If we were to violate the law, not only will your case against a suspect become moot in a court of law, but there are legal consequences for our investigation firm as well as to our clients.
Claims professionals and attorneys have great need for our private investigative services, but always keep in mind that part of our success depends upon the assistance we receive from you during the initial stage of our investigation. Contact us today and let us know the information you have concerning a potential subrosa investigation, and we can advise you on how we can assist you.
Frequently Asked Questions
What is a subrosa investigation?
A subrosa investigation is a type of surveillance commonly used in insurance and workers’ compensation cases to help verify whether a claimant’s reported injuries or limitations are consistent with their observed daily activities. These investigations are often used when there are concerns about possible fraud, exaggerated injuries, or conflicting medical claims.
For more information about professional surveillance services, visit our Subrosa Surveillance Investigations page.
Is subrosa surveillance legal in California?
Yes, subrosa surveillance is generally legal in California when conducted by a licensed private investigator and performed within the limits of state and federal privacy laws. Investigators must avoid illegal recording methods, trespassing, harassment, or invading areas where someone has a reasonable expectation of privacy.
Attempting surveillance without proper training can sometimes create legal issues or compromise evidence. Learn more in our article about the dangers of doing a subrosa surveillance yourself.
How long does a subrosa investigation usually take?
The length of a subrosa investigation depends on the circumstances of the case, the subject’s routine, and how much activity is being documented. Some investigations may only require a few days of surveillance, while others may take longer to establish consistent patterns of behavior.
Experienced investigators often adjust surveillance strategies based on changing schedules, travel patterns, or claimant activity. You can learn more about the value of professional experience in our article on why you need an experienced subrosa investigator.
What types of cases use subrosa surveillance?
Subrosa surveillance is commonly used in workers’ compensation claims, disability investigations, personal injury cases, and suspected insurance fraud matters. Insurance companies, employers, attorneys, and claims professionals may use surveillance to help document behavior that appears inconsistent with reported injuries or limitations.
Tristar Investigation also provides additional insurance investigation services for claims-related cases throughout California.
