Surveillance Tactics Used By Insurance Companies

When an injured party files a personal injury claim, insurance companies will investigate to evaluate whether it is liable for the incident. Part of the investigation process may include surveillance of the injured victim

The sections below identify some of the most common surveillance tactics used by insurance companies. 

Video and Photographic Surveillance

Insurers may use video surveillance to monitor an injured person’s activities and how their injury impacts their life. This process typically involves hiring private investigators to follow a claimant from their home to public places. Their goal is to find evidence that contradicts the person’s reported injuries.

For example, if a person alleges they cannot lift heavy objects but is recorded carrying groceries or doing yard work, the insurer may use this footage to argue that the claim is exaggerated or fraudulent.

Importantly, this surveillance generally occurs in public spaces where there is no reasonable expectation of privacy. Surveillance inside a claimant’s home without consent is illegal.

Social Media 

Adjusters and investigators routinely scan platforms like Facebook, Instagram, TikTok, and Twitter to gather information about a claimant’s activities and health status. 

Posts showing travel, physical activities, or social gatherings can be misconstrued to suggest that a claimant is less injured than stated. Even photos or comments made by friends or family members can be used as indirect evidence.

Claimants should be aware that social media accounts are subject to surveillance by the insurance company. As a precaution, many attorneys advise clients to limit social media activity while a claim is pending.

Background and Financial Checks

In addition to physical surveillance, insurers may conduct background investigations, including checks on employment history, past claims, criminal records, and even credit reports. These are designed to identify patterns that could suggest fraud or exaggeration. 

Interviews with Neighbors and Witnesses

Investigators may contact individuals in the claimant’s life, such as neighbors, coworkers, or former employers. The goal is to gather statements about the claimant’s behavior or capabilities. These informal interviews can be used to corroborate or dispute the claimant’s version of events.

Medical and Pharmacy Records

Insurers often review medical records and pharmacy histories to verify that the treatment being received aligns with the claimed injuries. Inconsistencies may raise red flags. In some cases, surveillance may be timed to occur around scheduled medical visits to determine if claimants are acting differently before and after appointments.

How a Lawyer Can Help Challenge Unfair Insurance Surveillance Tactics

Insurance surveillance can be intimidating, especially when it’s used to dispute your injuries. A skilled Littleton personal injury attorney can protect your rights and challenge unfair tactics through several key strategies.

Legal Review of Surveillance Conduct

A lawyer will analyze how the surveillance was conducted and look for any signs of illegal activity, such as trespassing, harassment, or misrepresentation. 

Challenging Misleading Footage

Insurers often cherry-pick moments that seem to undermine a claim. A lawyer can present medical evidence, expert opinions, or even full footage to show that your activity was within the scope of your limitations.

Protecting You During the Claims Process

An attorney can guide you in managing your activities and limiting exposure, especially on social media. They can also intervene if insurers are contacting neighbors or employers in ways that are coercive.

Negotiating Fair Settlements or Fighting Back in Court

If surveillance is being used to devalue your claim, your attorney can push back or take the fight to court if needed.

Contact Legal Help in Colorado for help dealing with an insurance company. We offer free consultations to help you understand your rights.