Insurance Company Surveillance

Practice Areas Personal Injury Insurance Company Surveillance

When you file a claim for injuries after an accident, insurance companies may watch you. This is called “surveillance.” Insurance companies sometimes hire people to take photos, record videos, or even check your social media. They do this to see if you are really hurt or if you can do more activities than you say you can.

At BANA LAW, PC, our job is to help you understand your rights. We also protect you from unfair treatment during an investigation. If you suspect you are being watched or followed, or if you just want to know more about your legal options, keep reading.

In California, insurance companies have the right to investigate claims—but there are rules. They cannot break the law, trespass onto private property, or harass you. In fact, the court has made it clear that entering someone’s garage or vehicle without permission could be trespassing. So, while surveillance is allowed, it must be done in a fair and lawful way.

Why Would Insurance Companies Watch Me After an Accident?

When you report an injury, the insurance company has to decide if your claim is true and how much it might owe you. One way they do this is by looking for signs that your injuries are not as serious as you say. They might look at your social media or send an investigator to watch you in public. They hope to find evidence that shows you doing something that does not match your claim, like lifting heavy items if you said your back was hurt.

But sometimes, insurers go too far. They might follow you or record you for hours, trying to catch you doing something normal, like picking up a small bag of groceries. Then they argue this means you are not really in pain. That is why it is important to know what they can and cannot do.

Is Insurance Surveillance Even Legal in California?

Insurance surveillance is generally allowed in California, but it must follow certain rules. Under California Civil Code Section 1708.8(g), an insurance company should have a real reason to believe a claim might be false before using video surveillance. This is sometimes called an “articulable suspicion.” In simple words, they need a fair reason to watch you. They cannot just do it to bother or scare you.

If the insurer’s investigator crosses a line (like sneaking into your house or going through your private things), this may be trespassing or harassment, which is not legal. Courts have also said that if an insurance company uses outrageous or extreme behavior, you could have a separate claim against them. The California Supreme Court has noted that an insurer can be held responsible if it goes too far and causes harm beyond a normal investigation.

Will Insurance Companies Follow Me in Public?

Sometimes, yes. An insurance company might hire a private investigator to watch you from a car across the street or a public sidewalk. If you are out in public, they can record you doing things like walking, shopping, or driving. They might also take photos. As long as they stay in public places, it is typically legal. However, if they start peering into your backyard over a fence or tapping your phone calls, that is not allowed.

Can Insurance Investigators Go on My Private Property Without Permission?

No. Going onto private property without the owner’s permission can be trespassing. In Teague v. Home Ins. Co., the investigators went into the plaintiff’s garage and car without any right to be there. The court said that was over the line.

If an investigator walks onto your property without your okay, or if they open your gate to snoop around, that may violate the law. You might have the right to file a complaint or even a lawsuit against them.

Are Insurance Investigators Allowed to Check My Social Media Accounts?

Yes, if your account is public. Many investigators check Facebook, Instagram, or TikTok to see if you are posting pictures of yourself dancing or playing sports. If your profile is open to anyone on the internet, they can look and take screenshots. However, they are not allowed to hack into a private account or pretend to be a friend to access locked posts. Be careful about what you share online while your case is ongoing.

What If the Insurance Investigators Do Something Extreme or Deceitful?

California law says an insurance company’s right to investigate has limits. If the insurer or its investigator uses lies, threats, or harmful tactics to gather information, you may have a claim against them. If something like this happens, let us know. Our team at BANA LAW, PC, can help you stand up for your rights.

How Can I Protect My Privacy?

• Stay Aware: If you see a strange car parked outside your house for hours or notice someone following you, consider writing down the license plate.
• Be Careful on Social Media: Do not post about your injuries or physical activities. Even a simple photo at a party could be used out of context against you.
• Close Your Curtains: If you are relaxing at home, shutting blinds or curtains can keep out unwanted cameras.
• Document Problems: If an investigator does something inappropriate (like walking onto your property), note the date, time, and details. This can be evidence later.

What Should I Do If I Think I’m Being Watched By an Insurance Investigator?

First, do not panic. It is normal to feel upset or uneasy. Remember: if you are following your doctor’s orders and being truthful about your injuries, you have nothing to hide. If the surveillance becomes overly intrusive, you can call the police. You can also contact us so we can help you understand if the insurer’s behavior is legal or not.

How Can a California Personal Injury Lawyer Help?

At BANA LAW, PC, our California personal injury attorneys are here to protect your rights at every step of your personal injury claim. Our team knows how insurance companies operate, and we understand the tactics they use. Here is how we help:

• Explaining Your Rights: We will let you know what is allowed under California law and what is not.
• Advising on Privacy: We give you tips on how to handle your social media, your property, and your personal space.
• Filing Complaints if Needed: If the insurance company’s investigator breaks the law, we can help you take legal action.
• Negotiating Fair Settlements: We gather strong evidence to show the real impact of your injuries, so the insurer has less reason to question you.
• Representing You in Court: If the insurer refuses to treat you fairly, we are not afraid to take your case to trial.

Learn more about our approach and the types of cases we handle by visiting our practice areas page. We have helped thousands of clients in California get the settlements or verdicts they deserve.

Are There Time Limits for Taking Action?

Yes. In California, you typically have two years from the date of the accident to file a personal injury lawsuit. If you wait too long, you may lose your right to recover any money. However, if your claim involves a government entity or special situations, the timeline can be shorter or have different rules. That is why it’s important to speak with a lawyer as soon as possible.

If You Think an Insurance Company Is Watching You, Call Our California Personal Injury Lawyers

If you think an insurance company is watching you or if you are worried about surveillance in your personal injury case, we are here to help. Call BANA LAW, PC, at (855) 997-6599 or reach out through our contact page for a free consultation. We’ll explain your rights, walk you through your options, and stand by you every step of the way.

Hablamos Español. We proudly serve all of California, including Los Angeles and the surrounding areas. Our priority is to protect your best interests and help you focus on what truly matters, which is your recovery.

Remember: Even if the insurance company is allowed to watch you in certain ways, they must do it within the law. Insurers can be held accountable if they step over the line. When you work with us, you’ll have a strong team ready to protect you from unfair tactics. Let us fight for you so you can move forward with peace of mind.