How Insurance Companies Use Surveillance in Injury Claims

After you’ve been injured in an accident, you should be able to focus on recovery and getting your life back to normal. The insurance process should be straightforward and conducted in good faith. However, we don’t live in an ideal world, and there’s a hidden side to insurance claim investigation that many accident victims are unaware of.

Many insurance companies now make personal injury surveillance a part of their claims investigations. An insurance company spying on you can feel like a violation of privacy and trust, but it’s a standard industry practice.

Understanding how insurance companies investigate injury claims, including the use of surveillance, is the first step toward protecting your rights and ensuring you get the payout you deserve. If you’re uninformed, just a few seconds of misleading video footage could destroy your case. Here’s what you need to know.

Why Insurers Use Surveillance

So, why is insurance company surveillance so prevalent today? It all comes down to the industry’s business model.

Despite their friendly commercials, insurance companies are for-profit businesses. Every dollar paid out in a settlement is a dollar lost from their bottom line. Their goal is to minimize risk and payouts. That said, an insurance company monitoring claims is not about discovering the truth; it’s about finding leverage.

The “Gotcha Moment”

Insurers primarily use surveillance to identify inconsistencies. They want to catch you performing activities that contradict your medical reports or your testimony.

Imagine you’re an accident victim and you claim you can’t lift heavy objects. If insurance surveillance video captures you carrying groceries, they will use that footage to argue you’re exaggerating your condition.

Basically, they’re looking for the “gotcha” moment — a split second where you push through the pain to do a daily task, which they can then present as evidence that you’re not truly injured.

Common Tactics Used Against Injury Victims

When you think of insurance claim surveillance, you might picture a private investigator in a van parked down the street. While this classic surveillance method is still used, the means by which insurance companies investigate injury claims have evolved to incorporate modern technology.

Consider these tactics that investigators deploy:

• Social media mining: Investigators scour your Facebook, Instagram, and TikTok for photos of you performing various activities. Even a throwaway caption or a tagged photo from years ago can be twisted to suggest you are active and pain-free.
• Predictable location staking: Investigators know you will eventually have to leave your house. They often camp out near your home before scheduled doctor appointments, since they know you’ll be active on those days.
• Neighborhood interviews: An insurance investigator might interview your neighbors or coworkers under false pretenses. They may ask if they’ve seen you doing yard work or carrying heavy items, and add this info to their file.
• Gym and activity checks: If you have a gym membership or are part of a sports league, investigators may personally visit these locations to verify whether you are still attending, even if your activity is limited.

What Insurers Can and Cannot Do

It’s natural to feel violated when you realize you’re being watched, but unfortunately, much of this behavior is legal. However, you do have insurance claim privacy rights that investigators must respect. Knowing the line between legal insurance company evidence gathering and harassment is key to navigating this process.

What they can do: Generally, if you’re in a public place where you have no reasonable expectation of privacy, they can video or audio record you. This includes:

• Filming you on public sidewalks, in parking lots, or at parks.
• Taking photos of you in your front yard or driveway, if it’s visible from the street.
• Following your car on public roads.

What they can’t do: Investigators cross the line when they violate your privacy in protected spaces. They generally cannot:

• Enter your home or backyard without permission (in other words, trespassing on your property).
• Film you inside your house through a window where you expect privacy.
• Place a GPS tracker on your vehicle without your knowledge.
• Tap your phone lines or hack your private emails.

How Surveillance Impacts Your Case

The irony of insurance surveillance video is that it rarely catches a claimant engaging in blatant fraud. But the footage can still be dangerous to your case when it’s presented without context.

For example, you might have a “good day” where your pain levels are manageable, allowing you to walk your dog or carry a small bag of trash. An investigator might record 30 seconds of these activities. However, they don’t record the pain you might experience afterwards.

When this insurance claim surveillance footage is shown to a jury or used during settlement negotiations, the insurance company strips away critical context. Even a minor discrepancy between your testimony (“I have trouble lifting things”) and the video (you lifting a gallon of milk) can hurt your case. It undermines your credibility, which can be your most valuable asset in a personal injury case.

Tips to Protect Yourself

When you’re involved in a personal injury claim investigation, a little caution goes a long way. You do not need to become a recluse, but you do need to be smart about your public presence while your case is active.

So, what to do if an insurance company is watching you? Here are some tips to protect yourself:

• Lock down your social media: Set all your profiles to “private.” Don’t accept friend requests from people you don’t know, as investigators often create fake profiles to gain access to your posts. Even better, take a break from social media entirely until your case resolves.
• Don’t post about your accident: Never discuss the details of your injury or your case online. Even a seemingly innocent post like “Feeling a bit better today!” can be used to argue that you have fully recovered.
• Follow doctor’s orders: If you’re seen violating medical restrictions, it destroys your credibility. When your doctor says “no lifting over 10 pounds,” don’t lift 11 pounds. If you need to do yard work or grocery shopping, ask for help or hire someone to do it for you.
• Be aware of your surroundings: If you notice a strange car parked on your street for hours or see the same vehicle following you, don’t confront the driver. Note the license plate and time, then contact your attorney for guidance.
• Be honest with your lawyer: If you did something that might look bad on video, tell your lawyer right away. Even the most experienced personal injury attorney can’t defend you against a surprise they don’t know about.

How Kanner & Pintaluga Defends Clients Against Surveillance

At Kanner & Pintaluga, we know the tricks insurance companies play. We view an insurance company’s evidence gathering as a challenge to be met with an aggressive legal defense. We don’t let a 30-second video clip dictate the value of your suffering.

When we suspect or confirm that surveillance has occurred, here are some of the steps we take:

1. Demand their footage: Through the discovery process, we force the insurance company to turn over all surveillance footage they have collected, not just the highlight reel they want the jury to see. We often find that for every minute of video showing you moving well, there are hours of footage showing you struggling, limping, or resting. We use their own evidence to prove your injury is real.
2. Contextualize the activity: We bring in medical experts to explain that “activity” does not equal “recovery.” A doctor can testify that while you might be able to lift a bag of groceries, doing so causes you severe pain later. We show the jury the price you pay for those brief moments of normalcy.
3. Question the investigator: We cross-examine the investigators. We look for editing tricks, gaps in the timeline, or aggressive stalking behaviors that can turn a jury against the insurance company.

Contact Us for a Free Consultation

You don’t have to live in fear of insurance company surveillance while you’re trying to heal. You deserve an advocate who will stand between you and the invasive tactics of billion-dollar insurers.

If you’ve been injured and are concerned about how insurance companies investigate injury claims, contact Kanner & Pintaluga today. We will review your case, explain what to expect, and build a strategy to protect your privacy and maximize your compensation.

To get started, fill out our online contact form for a free consultation. Let us handle the spies and the adjusters so you can focus on getting better.