July 10, 2025 | Personal injury

When you file a personal injury claim, you might think that your word and medical records are enough to prove your case. However, the reality is far more complex. Insurance companies are motivated by profit, and they take extensive measures to minimize their payouts. One of the most common and effective tactics they use is surveillance. Understanding how insurance companies employ surveillance, what it means for your claim, and how you can protect yourself is crucial if you want to navigate the claims process successfully.

This blog post explains how private investigators are hired to monitor claimants, the impact surveillance can have on your case, and strategies to maintain your integrity throughout the process.

Why Insurance Companies use Surveillance

Insurance companies operate to maximize profits. This means they are constantly assessing risk and looking for ways to reduce the amounts they pay out in claims. They are not in the business of paying claims unless they absolutely have to—usually when they face the risk of losing a trial or hearing.

Because of this, insurance companies invest heavily in tactics designed to deny, delay, or defeat claims. Surveillance is one of their most powerful tools. By hiring private investigators to follow injured claimants, insurers hope to capture evidence that contradicts the claimant’s reported injuries or symptoms. If the insurance company can show that you are not as hurt as you claim, they can deny or significantly reduce your compensation.

What Is Surveillance and How Do Insurance Companies Use It?

Surveillance in personal injury cases typically involves private investigators hired by insurance companies to monitor claimants’ daily activities. These professionals use a variety of methods, including video recording, photography, and even social media monitoring, to collect evidence that might undermine a personal injury claim.

Surveillance can begin at any point during the claims process. Sometimes investigators start immediately after the insurance company receives notice of a claim. Other times, surveillance may be employed years into litigation, even after a lawsuit has been filed. The timing is unpredictable and can vary widely depending on the insurer’s strategy.

How Surveillance Works in Practice

Private investigators are highly trained and experienced professionals who know exactly what insurance companies are looking for. They will often follow a claimant throughout the day, observing their activities closely but only recording footage when they believe it will serve their client’s interests.

This means that an investigator might tail you for hours without turning on their camera. But the moment they observe something that appears inconsistent with your reported injuries—such as walking a long distance, lifting heavy objects, or engaging in physical activity—they will start filming.

It’s important to understand that surveillance footage is often edited to show only the moments favorable to the insurance company’s argument. For instance, if you take breaks due to pain or fatigue, those moments are usually not recorded. Instead, the footage will focus on times when you appear active and capable, even if those moments are brief or atypical.

The Impact of Surveillance on Personal Injury Cases

The primary way surveillance can harm a personal injury case is by presenting evidence that contradicts the claimant’s own reports to doctors and the court. For example, if you have told your medical providers that you cannot stand for more than twenty minutes without pain or that you cannot lift more than ten pounds, but surveillance footage shows you standing for long periods or lifting heavy objects, the insurance company will use this to argue that your claims are exaggerated or false.

Inconsistencies between your reported symptoms and your observed activities can severely undermine your credibility. Insurance companies will portray you as dishonest or unreliable, which can lead to claim denial or reduced compensation.

However, it’s crucial to remember that surveillance is just one piece of evidence. Its impact depends largely on how well your reported symptoms and medical records align with your actual activities and how you handle any discrepancies.

Common Tactics Used by Insurance Investigators

• Selective Recording: They follow claimants for extended periods but only record footage when they see something that appears inconsistent with reported injuries.
• Targeted Situations: They try to catch claimants in scenarios where the claimant’s reported limitations would be most apparent—such as lifting heavy objects, walking long distances, or performing strenuous activities.
• Discreet Surveillance: Using advanced technology, including high-powered telescopic lenses and small, concealed cameras, investigators can record claimants without their knowledge, even in crowded or public places like grocery stores.
• Social Media Monitoring: Investigators may also scour social media accounts to find photos or posts that contradict injury claims.

These tactics are designed to create a narrative that the claimant is exaggerating or fabricating their injuries, which the insurance company hopes to use as leverage to deny or reduce claims.

How to Counteract Surveillance Tactics

The best defense against insurance surveillance is honesty and consistency. Here are some key strategies to protect your claim:

1. Be Honest with Your Medical Providers

Always provide your doctors with accurate and detailed information about your symptoms and limitations. Instead of stating absolute restrictions like “I cannot walk more than one block,” explain the pain or discomfort you experience when walking longer distances. For example, say, “Walking more than one block causes significant pain and fatigue.”

This nuanced reporting allows your medical records to reflect the reality of your condition, which helps prevent insurance companies from painting you as dishonest if surveillance footage shows you walking more than a block occasionally.

2. Report Any Changes in Symptoms Promptly

If you attempt an activity that aggravates your symptoms, make sure to inform your doctor promptly. For instance, if you went boating after your injury and found the pain unbearable afterward, document this with your healthcare provider.

This creates a medical record that explains why you engaged in the activity and how it affected your condition, which can neutralize the insurance company’s attempt to use surveillance footage against you.

3. Maintain Consistency in Your Statements

Consistency is key. Your statements to your doctors, lawyers, and insurance adjusters should align as closely as possible. Avoid exaggerating or minimizing your symptoms in different settings, as discrepancies can be exploited by insurance companies.

4. Don’t Be Afraid to Live Your Life

Insurance companies want to portray injured claimants as incapable of any activity other than visiting doctors. However, it’s important for your recovery and mental health to continue engaging in activities you enjoy, within your capacity.  Just be sure to keep your medical providers informed about your activities and any changes in your symptoms.

The Reality of Being Under Surveillance

Many people believe that if they are under surveillance, they will notice it. In reality, surveillance professionals are experts at what they do and use highly sophisticated equipment to remain undetected.

Clients often report being completely unaware that they were followed or recorded until the footage is disclosed in the claims process. Investigators might stand just a few feet away in a public place without anyone noticing, thanks to discreet cameras and telephoto lenses.

Because of this, the safest approach is to assume that surveillance could happen at any time during your claim. This mindset encourages honesty and consistency in your reporting and behavior, which ultimately protects your case.

What Should You Do If You Suspect Surveillance?

If you think you might be under surveillance, the best course of action is to continue living your life as normally and honestly as possible. Avoid trying to hide your activities or behaving differently, as this can sometimes raise suspicion or even harm your credibility.

Instead, focus on clear and open communication with your healthcare providers. If you engage in an activity that causes pain or worsens your symptoms, report it immediately. Documenting your honest experiences will help protect you if surveillance footage surfaces.

How Surveillance Footage Can Sometimes Help Your Case

Surveillance footage isn’t always detrimental. If you are honest about your activities and symptoms, surveillance can actually corroborate your claims. Surveillance footage can strengthen your case by showing that you are truthful and transparent about your condition, which undermines the insurance company’s attempts to portray you as a liar.

Final Thoughts: Protecting Your Personal Injury Claim

Insurance companies will stop at nothing to deny or minimize personal injury claims. Surveillance is just one of their many tactics to find inconsistencies and challenge the legitimacy of your injuries.

Remember, living your life and engaging in enjoyable activities is not only good for your recovery but can also be a part of your defense against insurance company tactics. Just be sure to keep your medical records updated to reflect your honest experiences.

If you have questions or concerns about surveillance or your personal injury claim, please contact us at 402-933-3345.

Personal Injury Claims and Insurance Surveillance