Subrosa is a term derived from the Latin phrase “sub rosa,” meaning “under the rose.” In legal contexts, it refers to secret or confidential surveillance. Subrosa investigations are often used by insurance companies in California to gather evidence in personal injury claims, particularly to verify the legitimacy of a claimant’s injuries and activities. This type of investigation can involve taking photos or videos of claimants in public spaces.

Can a California Insurance Company Take Pictures of Me Without My Consent?

Yes, in California, insurance companies are allowed to conduct subrosa investigations, which can include taking pictures or video recordings of you in public places without your consent. This practice is legal as long as it is done in public spaces where there is no reasonable expectation of privacy. They cannot, however, intrude into your private property or any areas where you have a reasonable expectation of privacy without your permission.

For more detailed information on privacy laws, you can refer to the California Department of Justice Privacy Laws.

Should You Worry About Subrosa Investigations?

While it can be unsettling to think about being watched or photographed, it’s important to understand that subrosa investigations are a common practice in personal injury claims. Here are some key points to consider:

• Stay Authentic: Continue to live your life as you normally would. If you are genuinely injured, there should be no inconsistency between your claim and your daily activities.
• Be Mindful: Be aware that you may be under surveillance, especially in public places. However, do not let this affect your behavior if you are not doing anything inconsistent with your injury claim.

Advice for Personal Injury Claimants

1. Live Normally: Go about your daily activities as you usually would. Subrosa investigations are looking for inconsistencies, so being truthful and consistent is your best strategy.
2. Avoid Exaggeration: Do not exaggerate your injuries or limitations. Insurance companies may use any discrepancy between your claimed injuries and observed activities against you.
3. Document Your Condition: Keep thorough records of your medical visits, treatments, and any limitations you experience due to your injury.

Can You Engage in Activities While Recovering from an Injury?

It’s a common concern whether engaging in certain activities might be used against you in a subrosa investigation. Many doctors encourage patients to remain active during their recovery, as it can aid in healing and improve overall health. Here’s what you need to consider:

• Medical Advice: Follow your doctor’s advice regarding physical activities. If your doctor approves light exercises or activities, ensure you have documentation of this.
• Pain and Suffering: Participating in light activities does not negate your pain or suffering. It’s essential to explain to the jury that engaging in certain activities as part of your recovery plan is medically recommended and does not imply that you are not experiencing pain.

For further guidance on maintaining activity during injury recovery, refer to the Centers for Disease Control and Prevention (CDC) Physical Activity Guidelines.

California Code Section on Subrosa Investigations

California Civil Code Section 1708.8 addresses the issue of invasion of privacy and sets out the boundaries for surveillance activities. This code prohibits intrusive conduct such as capturing images or recordings in private settings without consent but allows for surveillance in public spaces where there is no reasonable expectation of privacy.

What the Jury is Looking For

When it comes to subrosa evidence, the jury is primarily looking for consistency and credibility. Here’s what to keep in mind:

• Consistency: Ensure that your reported injuries and limitations are consistent with your observed activities. Any significant discrepancy can be used against you.
• Credibility: Be honest about your injuries and limitations. Exaggerating your condition can damage your credibility in the eyes of the jury.
• Context: Provide context for any activities captured in subrosa surveillance. Explain how these activities fit within your doctor’s recommendations and your overall recovery plan.

Preparing for Trial and Arguments Against Subrosa Evidence

When preparing for trial, consider the following:

1. Relevance and Context: The main argument against subrosa evidence is often its relevance and context. Just because you are seen performing certain activities does not necessarily contradict your injury claims. For example, being able to carry groceries does not mean you are not experiencing pain or limitations.
2. Consistency: Emphasize the consistency of your medical records, testimony, and daily activities. Show that any activities observed are within the scope of what your doctor has advised or allowed.
3. Expert Testimony: Use medical experts to explain your injuries, treatment, and limitations. They can provide context for any activities captured in subrosa investigations.

Conclusion

Subrosa investigations are a standard part of personal injury claims, particularly in California. While it can be intimidating to think about being watched, the best approach is to continue living your life authentically and consistently with your injury claims. Understanding your rights and being prepared to address subrosa evidence in court can help mitigate its impact on your case. Always consult with your attorney about the specifics of your situation to ensure you are taking the best steps to protect your claim. For more detailed information on privacy laws and subrosa investigations, you can refer to the California Department of Justice Privacy Laws and the California Civil Code Section 1708.8.