If you’re in the middle of a personal injury claim, you may start noticing unusual things—a car parked near your home for long stretches, a stranger watching you while you run errands, or someone taking photos of you in public. It’s easy to feel uneasy and wonder: Is an insurance investigator following me? More importantly, is this even legal?
Insurance companies rely on private investigators to verify claims. They want to ensure that the injuries you reported match what you can actually do in daily life. While surveillance might feel intrusive, it is often legal. However, insurance investigators must follow strict guidelines, and if they overstep their legal boundaries, you may have grounds to take action.
Why Do Insurance Companies Conduct Surveillance?
Insurance fraud costs companies billions of dollars each year, so insurers are constantly looking for ways to prevent fraudulent or exaggerated claims. One of their primary tools is surveillance, which helps them gather evidence to challenge or deny payouts.
Reasons Insurance Companies Use Surveillance:
- To verify injury claims – If you claim you’re unable to walk but are later seen jogging, the insurance company may use that as evidence against your case.
- To check for inconsistencies – If your medical records say you have limited movement, but you’re caught lifting heavy objects, the insurer may argue that you’re exaggerating.
- To detect fraud – Some people fake injuries to receive settlements, and surveillance helps insurers weed out false claims.
Is It Legal for an Insurance Investigator to Follow You?
Yes, insurance investigators can legally follow you in public spaces, but they must follow the law while doing so.
What Investigators Can Do:
- Follow you in public places – They can watch you at parks, stores, and any other areas where privacy isn’t expected.
- Take photos or videos in public – If you’re in a visible area, like a parking lot or sidewalk, they can legally document your movements.
- Monitor your social media – Investigators check for social media posts that contradict your injury claims.
- Speak with neighbors or coworkers – They may ask people about your daily activities to gather information.
What Investigators Cannot Do:
- Trespass on private property – They cannot enter your home, backyard, or any other private space without permission.
- Record you inside your home – Peering into windows or using cameras to see inside your house is illegal.
- Harass or intimidate you – Investigators cannot disrupt your life or engage in behavior that causes you distress.
- Impersonate law enforcement – They must be honest about their identity and cannot pretend to be police officers.
If an investigator crosses these legal boundaries, you may be able to take legal action against the insurance company.
Common Surveillance Tactics Used by Insurance Companies
Insurance companies use several surveillance tactics to track claimants. Understanding these methods can help you avoid behaviors that might be misinterpreted.
1. Following You (Mobile Surveillance)
Investigators may trail you while you’re out and about, watching for any actions that contradict your injury claims.
2. Parking Near Your Home (Stationary Surveillance)
They might sit in a vehicle outside your home or workplace for hours, documenting your movements.
3. Monitoring Your Social Media
Investigators frequently check Facebook, Instagram, and other platforms for posts that contradict your claims. Even a simple photo from a family event could be used to question your injuries.
4. Taking Photos or Videos in Public
If you’re outside, investigators can legally film you. Activities like carrying grocery bags or playing with your kids could be misinterpreted if they contradict your reported limitations.
How to Protect Yourself If You Suspect You’re Being Watched
If you think an investigator is following you, there are steps you can take to protect yourself and your claim.
1. Be Honest About Your Injuries
The best way to avoid problems is to be truthful about your condition. Exaggerating symptoms can backfire if surveillance proves otherwise.
2. Be Mindful in Public
Even normal activities can be misrepresented. If you claim limited mobility, avoid heavy lifting or actions that could be taken out of context.
3. Adjust Your Social Media Privacy Settings
Make sure your social media accounts are private, and don’t post anything that could be used against you. Ask friends and family not to tag you in posts that might misrepresent your condition.
4. Document Suspicious Behavior
If you see a person or car repeatedly following you, write down descriptions, take photos, and let your attorney know.
5. Speak with an Attorney
If you feel surveillance is excessive or unlawful, an attorney can advise you on how to respond and protect your legal rights.
Call Brandon J. Broderick for Legal Help
Filing an injury claim is already stressful enough without the added pressure of being watched. While insurance companies are allowed to conduct surveillance, they must do so within the law. If you believe an investigator is harassing you or that your claim is being unfairly challenged, Brandon J. Broderick, Attorney at Law, is here to help.
Our team understands insurance company tactics and will fight to protect your rights. If you need legal assistance, don’t wait—contact us today for a consultation.