# Private Detective hired by ins co. Is this allowed? Is info allowed in court?



## darrel (18 Oct 2011)

Hi 

I am currently in law suit with a well known insurance company and have been informed that there may be private dectective following me, so i have afew questions if you could answer id greatly appericate it - i am not making a personal injury claim against them just to clarify.

1st - *are they legaly allowed to do this? *

2nd - *what do they do with findings?* *can they be used in court?* - which be intresting to see what they have as all i do is go to work, home, supermarket ect nothing exciten i dont have a social life out every night or anything - will they look into my family? thoughts it is making me sick!!

3th - *how do i go about finding out what information they took or hold on me?*

I know this mite sound stupid im freaking out about even going out of the house at thoughts if there is someone following me or taking photos, any advice would appericate it thanks.


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## McCrack (19 Oct 2011)

If it's not personal injury which is typical for instructing a PI, what's the nature of the claim you are a plaintiff in? I can then give you some pointers.


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## onq (19 Oct 2011)

1. As far as I know private detectives operate legally in this country and anyone is free to retain their services.

2. Yes. Probably.

3. A freedom of information request. A motion for discovery. Ask them.


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## Slim (19 Oct 2011)

onq said:


> 3. A freedom of information request. A motion for discovery. Ask them.


It would be the Data Protection Acts you would use unless it is a state body. They can photograph and video you in public places but any invasion of your privacy without a court order would be contrary to the DP Acts. If you are not caught out in some way, it might be worth pursuing this under the DP Act for the sake of it.


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## Ravima (19 Oct 2011)

If you're being honest, what are you fearing?


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## Thirsty (19 Oct 2011)

I don't think disliking the thought of being followed/photographed indicates that you've done something wrong.

I can sympathise with the OP, I'd hate to think of someone following me.


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## Guest105 (19 Oct 2011)

I wouldn't like it  I thought someone was following or watching me.  I knew a person a few years back that was in a car crash and who subsequently put in a claim for personal injuries and she was followed by a PI for months.


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## paddi22 (20 Oct 2011)

Due to circumstances I had to make a claim and subsequently found out i had been followed by Pi's to make sure claim was valid. I honestly had no issues with it, because as the other poster said they only track you in public places. i personally had no issue with them checking my claim was real, and would rather this practice happened instead of people getting away with false claims left, right and centre. if you know you're doing nothing wrong you have nothing to fear.

i also have a friend who does this as a job for an insurance company and it is becoming a more common practice.


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## ClubMan (20 Oct 2011)

darrel said:


> any advice would appericate it thanks.


What has your solicitor advised?


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## oldnick (20 Oct 2011)

Perhaps you may review _*the non-fatal offences against the persons*_ ACT 1997 -SECTION 10 which deals with stalking behaviour.
If you genuinely believe that there is no good reason to follow/observe you (which in an PI case the insurance company could claim there was) you may consider pursuing this.
But you must be sure there is someone doing this and the usual way is through a couple of friends willing to spend some time following you from afar.


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## onq (20 Oct 2011)

Its not considered to be stalking.

Its a legitimate means for a company to defend itself from fraudulent claims.

If you have nothing to hide, you have nothing to fear - think if the PI as a "minder".


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## nuac (20 Oct 2011)

Years ago I had a PI claimant who had to travel thru a remote rural location.  The insurers employed an investigator.  An alert post mistress spotted a strange car following him, and phoned Gardai.  That led to a Garda car joining the procession.  My client had some relatiions in the Gardaí, so the investigator found himself beng investigated


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## ajapale (20 Oct 2011)

darrel said:


> I am not making a personal injury claim against them just to clarify.
> 
> 1st - *are they legaly allowed to do this? *
> 
> ...



Please note the OP is *not* making a personal injury claim.

The OP has posed three very focused questions. Please lets keep this thread to discuss and answer these questions.


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## ClubMan (20 Oct 2011)

darrel said:


> have been informed that there may be private dectective following me


Just curious - who informed you?


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## darrel (20 Oct 2011)

my solictor told me he was informed this may be the case not 100% - so the answer i was looking for is yes hey are allowed to do it so.

From what i could gather not much info on it on web they are allowed follow you in personal injury claim and i do agree to see if claim is honest but what i dont understand is in my case its not personal injury and they still hired one strange really - well hopefully case will be set down in coming weeks and this will put end to it if it is the case.

1 more question after the case can i request a copy of documents held if the did hire PI? 
If so people with me if they took photos like kids are they allowed take photos of my kids even thinking about it making me feel worse here by the minute!!

Oh and Ravima i have not one thing to hide what upset me over it was more so my family been watched not a nice feeling i suppose everyone to themselfs.

Thanks very much all for replys greatly appericate it.


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## ClubMan (21 Oct 2011)

Not sure if this is of any use?

[broken link removed]

Also some references to _PIs _here:

[broken link removed]


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## donee (21 Oct 2011)

was'nt there a case not so long ago involving , i think , a school secretary and a principal who had employed a PI. On discovering that she, the secretary, was being watched and followed by a PI, she phoned the Garda and subsequentially won her case


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## ClubMan (21 Oct 2011)

This one?

[broken link removed]

I presume that every case is different though?


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## Complainer (21 Oct 2011)

It could be an opportunity to have some fun. See if you can spot the PI, and then you can start following them. Or bring out a cup of tea and biccies to them. Or get a bike, and cycle down some pedestrian paths or laneways where a car can't follow you, just to wind them up.


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## ClubMan (21 Oct 2011)

I was thinking along those lines too. The scene from _The Big Lebowski _where _The Dude _confronts _"brother Seamus" _came to mind...


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## firefighter (21 Oct 2011)

Bottom Line yes it is permitted, an insurance company is allowed the use of such organisations to gather information applicable to the claim in hand. 
Yes it is permissible in court once the said PD, did not break any laws in obtaining the imformation.
They work for the Insurance company, they are hired by them, and the information gathered is submitted to them.
And finally, you will find out everything they found out about you, if the evidence is presented in court to support the case of the Insurance company. If you are successful with your claim, then you can under the data protection request any information they have on file about you.


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## dereko1969 (21 Oct 2011)

firefighter said:


> Bottom Line yes it is permitted, an insurance company is allowed the use of such organisations to gather information applicable to the claim in hand.
> Yes it is permissible in court once the said PD, did not break any laws in obtaining the imformation.
> They work for the Insurance company, they are hired by them, and the information gathered is submitted to them.
> And finally, you will find out everything they found out about you, if the evidence is presented in court to support the case of the Insurance company. *If you are successful with your claim*, then you can under the data protection request any information they have on file about you.


 
Are you sure it's only if you're successful? My reading of the DPA is that any info they have on you is available to you.


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## firefighter (21 Oct 2011)

dereko1969 said:


> Are you sure it's only if you're successful? My reading of the DPA is that any info they have on you is available to you.




well I was kind of going on the basis that if you lost your case due to findings that could not be argued, why would you need to find out what they had on you. Rock crawl under comes to mind


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## ClubMan (21 Oct 2011)

firefighter said:


> well I was kind of going on the basis that if you lost your case due to findings that could not be argued, why would you need to find out what they had on you.


To challenge them if you believed them to be erroneous?


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## SparkRite (21 Oct 2011)

dereko1969 said:


> Are you sure it's only if you're successful? My reading of the DPA is that any info they have on you is available to you.



Notwithstanding, the data protection act..............

Surely a "Gary Doyle" order could be applied for, where all evidence to be presented in court by the plantiff, must be given to the defence before the court hearing takes place.


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## ClubMan (21 Oct 2011)

SparkRite said:


> Notwithstanding, the data protection act..............
> 
> Surely a "Gary Doyle" order could be applied for, where all evidence to be presented in court by the plantiff, must be given to the defence before the court hearing takes place.


In case anybody else didn't know what this referred to and had to look it up...

[broken link removed]


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## T McGibney (21 Oct 2011)

ClubMan said:


> In case anybody else didn't know what this referred to and had to look it up...
> 
> [broken link removed]




The above link applies to a criminal prosecution case. There is no apparent indication that this principle applies to civil cases like the one under discussion.


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## Time (21 Oct 2011)

There is disclosure in civil cases.


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## onq (21 Oct 2011)

ClubMan said:


> In case anybody else didn't know what this referred to and had to look it up...
> 
> [broken link removed]



That's a great general overview link ClubMan - thanks.


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## T McGibney (21 Oct 2011)

Time said:


> There is disclosure in civil cases.



specific or general?


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## Time (21 Oct 2011)

Specific if the solicitors know what they are looking for. They must specify what they want.


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## T McGibney (21 Oct 2011)

Thanks


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## Bronte (24 Oct 2011)

I've seen private detectives give evidence in court.  Personal injuries cases.  And thank goodness for private detectives who highlight those who are scamming the system and increasing insurance costs for the rest of us.  

If one is telling the truth what has one got to be fearful of OP?


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## ajapale (24 Oct 2011)

Fair enough, but this thread does not involve a personal injuries claim.

I can think of many reasons why someone might be fearful if they discovered some private eye was putting them under surveilance.

The OP asked 4 questions:

1 - *are they legaly allowed to do this? *

2 - *what do they do with (their) findings?* 

2b. -*can (the findings) be used in court?*

3. - *how do i go about finding out what information they (pi or the pi's client) took or hold on me?*


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## Time (24 Oct 2011)

1. Yes
2. Give them to the insurance company.
3. Yes, they can be called to give evidence on behalf of the defence.
4. Send the PI or the PI's client a Subject Access Request under the Data Protection Act 1988. This may be refused if the information is part of legal proceedings.


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