Philip D. Smith - Newsletter Page 1


Volume 1 Issue 3 A Newsletter From Philip D. Smith & Associates Page 1 NY State Licensed Investigators and Adjusters

"It's Beginning to Look a Lot Like Winter"
The winter months provide several unique opportunities to observe fraudulent Claimants committing physical acts. Many Claimants state that their physical condition impairs them from many activities. Though in some cases this may be true, in many cases it is not. It's not uncommon to observe Claimants shoveling snow off driveways, brushing snow off cars, patching leaky roofs, holiday shopping, skiing, sledding, and snowmobiling. Speaking of snowmobiling, below is a case study of a Claimant that Philip D. Smith and Associates investigated last winter.

Inside:

Case Study: Liability

"The Case of the Claimant Who Could No Longer Use His Snowmobile"
The case came in prior to the heavy snowfalls that occurred last winter. Our assignment indicated that the Claimant, due to his physical restrictions, was unable to continue with his favorite hobby, snowmobiling! Further, our pre-surveillance indicated that several months following the accident that allegedly injured the Claimant, he purchased two new snowmobiles.

Several days of surveillance were conducted which allowed Investigators to observe and identify the Claimant. The first four days of surveillance indicated that the subject was active and appeared to be in good health. The surveillance coordinators monitored weather reports and spoke with snowmobile enthusiasts. We were able to forecast the most likely day the Claimant would use his snowmobile.

On the given day, we set up surveillance early in the morning. The weatherman was right on this day; the weather was snowy and blustery. The Claimant's house was on a rural street which complicated matters. Our client authorized the use of two Investigators which allowed us to blend into the environment. The Claimant spent the entire day riding the new snowmobile, building a ramp for his snowmobile, utilizing the snowmobile ramp and providing the neighborhood with snowmobile rides.

All the above mentioned activities were captured on videotape. The claimant was not entirely truthful during his deposition in regard to his activities and the severity of his injuries. The Defendant in the case was able to settle the case for an amount much less than anticipated. Remember, winter is an excellent time to conduct surveillance.