Insurance Company Surveillance: What You Need to Be Aware Of

You’ve filed a significant personal injury claim after a car accident. You have documented your injuries, followed your doctor’s orders, and been completely honest about how your life has been impacted. Yet, you sometimes get a strange feeling that you’re being watched. It might sound like something out of a movie, but is it possible the insurance company is actually conducting surveillance on you?

The answer is yes, it is not only possible, but it is a common and legal tactic used by insurance companies in high-value personal injury cases.

The goal of the insurance company is to pay out as little as possible. If they can capture video or photographic evidence that they believe contradicts your claims about your injuries and physical limitations, they will use it as powerful leverage to devalue or deny your case. Understanding how, why, and when they conduct surveillance is crucial for any seriously injured claimant.

Useful Information for You: In a Nutshell

• Yes, It Is Legal and Common: Insurance companies have the right to investigate claims, and this can include surveillance of your activities in public spaces.
• The Goal is Contradiction: They are looking for a “gotcha” moment—a few seconds of video that they can use to argue your injuries are not as severe as you and your doctors have stated.
• Two Main Types: Surveillance is primarily (1) Online and Social Media monitoring, where they scrutinize your public posts, and (2) In-Person Surveillance by a licensed private investigator.
• There are Rules: Investigators cannot trespass on your private property, harass you, or record you in a place where you have a reasonable expectation of privacy (like inside your home).
• The Best Defense is Honesty and Consistency: The most effective way to counter surveillance is to be completely truthful about your limitations with your doctor and attorney from day one.

What Are They Looking For?

The investigator’s job is to find a discrepancy between what you claim and what you do. They are looking for a moment, however brief, where you appear to exceed the physical limitations your doctor has prescribed.

• You claim a severe back injury prevents you from lifting more than 10 pounds, but an investigator captures a video of you carrying a single, heavy-looking bag of groceries from your car to your front door.
• You claim a debilitating shoulder injury, but an investigator gets footage of you reaching up to trim a tree branch in your front yard.
• You claim you are in too much pain to socialize, but you post a smiling photo on Facebook from a family barbecue.

Insurers will take these brief, out-of-context moments and present them as “proof” that you have been exaggerating your injuries.

The Two Types of Surveillance

1. Online and Social Media Surveillance

This is the easiest and most common form of investigation. As we’ve discussed, an adjuster or investigator will thoroughly review all of your public social media profiles (Facebook, Instagram, etc.) for any posts, photos, or check-ins that contradict your claim. This is why it is absolutely critical to set all your profiles to private and stop posting about your activities until your case is closed.

2. In-Person Surveillance by a Private Investigator (PI)

In cases involving very serious injuries and high potential settlement values, an insurer may hire a PI to physically watch you. The PI will typically park in a car down the street from your home and use a long-lens camera to record your activities in public.

• What they can do: They can legally record you anytime you are in public view. This includes when you are in your front yard, walking to your car, getting the mail, or going to the store.
• What they cannot do: They cannot trespass on your property (e.g., peek into your windows or backyard), place a tracking device on your car without your consent, or harass you. They must be licensed and follow the laws of Washington State.

How to Protect Your Claim Without Living in Fear

The thought of being watched is unsettling, but you don’t need to become a recluse. The best way to protect your case is with simple consistency and honesty.

1. Follow Your Doctor’s Orders EXACTLY: If your doctor has told you not to lift more than 10 pounds, then do not lift more than 10 pounds. Not even once. The best way to defeat surveillance is to not give them anything to see.
2. Be Aware of Your Surroundings: If you see an unfamiliar car parked on your street for several days, make a note of it.
3. Live Your Life (Within Your Limits): You are not expected to stay in bed all day. Living your life within the limitations your doctor has set is perfectly fine. A video of you going to the grocery store does not hurt your claim if your doctor has approved that activity.

Ultimately, surveillance is only a threat if you are being dishonest about your injuries. If you are truthful with your doctor and your attorney about what you can and cannot do, then you have nothing to fear.

If you have a serious injury claim in the Tacoma area, it’s wise to assume the insurance company may be looking. Search the Car Accident Lawyer Directory Tacoma to find a trusted local attorney who can advise you on how to protect your privacy and your claim from these invasive insurance company tactics.

References

• Washington State Legislature – RCW Chapter 18.165 – Private Investigators:The official state law that governs the licensing, conduct, and legal limitations of private investigators operating in Washington.

  https://app.leg.wa.gov/rcw/default.aspx?cite=18.165

• Washington State Office of the Insurance Commissioner (OIC) – Unfair claims practices:Official state regulations (WACs) that, while not mentioning surveillance directly, require all claim investigations to be conducted fairly and prohibit intrusive or harassing behavior.

  https://apps.leg.wa.gov/wac/default.aspx?cite=284-30