Surveillance and Your Car Accident Injury Claim

What to Know About Insurance Surveillance

After a car accident, you're already juggling a lot: pain, doctor visits, lost wages, and nonstop stress. Just when you think things can’t get any more frustrating, you find out the insurance company might actually be watching you with cameras, investigators, and even your social media feed. Car accident attorneys see this all the time. People who are genuinely hurt get followed, recorded, and picked apart over the smallest things.

At Horn Wright, LLP, attorneys are familiar with these tactics and how they impact injury claims. While New York allows certain surveillance in public, states like Maine, New Hampshire, and Vermont each have their own twist on privacy rules. Some demand stronger legal justifications before footage can even be used in court. And if your case crosses state lines, or you’ve recently moved, those differences could matter more than you think.

Smile for the Camera: They’re Hoping You Slip Up

Most insurance companies aren't sitting around waiting for obvious fraud. What they’re really after is a split-second moment they can twist. One frame where you look like you're doing too much, like lifting a bag, smiling in a photo, or bending over to tie a shoe, and suddenly, they’re questioning everything about your injury.

They keep tabs on:

• Video and photos — walking your dog, lifting groceries, even tying your shoe.
• Social media posts — smiling at a birthday, checking in at a local diner, or posting vacation throwbacks.
• Online footprints — like reviews, tagged locations, or public comments.
• Neighbor chatter — yep, even offhand remarks can end up in a report.

You might be forcing a smile at a cookout or pushing through pain just to make it to your front door. That can get twisted into, “Look, they’re fine.” And just like that, your claim gets questioned. This kind of twisting and tricks is common to delay, underpay, or flat-out deny rightful claims. It’s exhausting and unfair.

Undercover in Queens, Staking Out in Staten Island: The Surveillance Playbook

Surveillance isn’t some Hollywood drama. It’s real, and it happens more than you’d think. Private investigators sit in cars, follow people around, blend in with crowds and you’d probably never notice.

Now, not all of it’s illegal. But it can cross the line. According to New York Penal Law § 250.45, it’s a felony to record someone where they reasonably expect privacy, like inside their home. Knowing what crosses that legal line is crucial, especially when footage is being used to try to discredit you.

Keep your guard up because some of the most common surveillance tricks are surprisingly easy to miss. Think unmarked cars parked nearby for hours, someone tailing you to a doctor’s visit, or a lens zooming in as you grab groceries. These moments feel ordinary, but they’re exactly what investigators are hoping to catch when they think you’ve let your guard down.

In busy places, you might never notice a camera. But it’s probably there. That’s why it’s so important to know what to do after a crash. What you do right after the accident, from seeing a doctor to collecting details, can shape how things play out.

And don’t forget about social media. Even if your account’s private, it’s not invisible. A friend tags you, a post gets shared, and suddenly a harmless selfie becomes “proof” you’re not in pain. It’s a digital minefield.

How to Outsmart Their Lens Without Losing Your Mind

Look, you shouldn’t have to feel like you’re starring in some secret movie. But staying alert helps protect your case. And knowing how the law protects you can give you a sense of control again.

In New York, insurers have to follow 11 NYCRR § 216.6, which requires fair investigations and timely responses. If they’re dragging things out or crossing boundaries, that’s shady and may be unlawful.

So how do you keep things solid?

• Be real about your pain. Don’t play it up, but don’t downplay it either.
• Stick to your doctor’s advice. Seriously, follow every restriction.
• Pause before you post. Avoid posting and ask friends not to tag you.
• Act like you're being watched. Because you just might be.

Even everyday stuff, like bringing in a delivery or helping your kid with a backpack, can be spun the wrong way. It’s not about hiding. It’s about being consistent. Because when what you say matches what you do and what your records show, that’s a claim they can’t poke holes in.

And if there are gaps? Watch out. Insurance companies may exploit personal injury claims in any way they can, especially if you seem “too okay” in one moment.

Gotcha Moments Don’t Mean Game Over: Here’s How to Push Back

Getting caught on camera doesn’t mean it’s over. Most of the time, those videos show a few seconds, not the full day, not the pain afterward, and definitely not the sleepless nights or physical therapy sessions.

There are ways to fight back. And they work.

Time and again, strong context and expert insight shift the momentum, even in cases where surveillance footage seems damaging. With expert medical explanations and a clear record of daily pain, the final outcome may still lean in your favor.

Some solid strategies include:

• Adding context. Maybe that walk was the only one you managed all week.
• Bringing in experts. Doctors often point out that pain doesn't stay steady. It can spike, ease up, then hit again unexpectedly. Someone with nerve damage or disc issues might push through a moment and crash later.
• Pointing out contradictions. If the footage doesn’t line up with your medical records, that’s a problem for them.

Example? Let’s say there’s a video of you walking down the street. Maybe you’re upright, maybe even laughing. But what they don’t show is you needing pain meds the moment you got home. That’s the part that matters and that’s the story that deserves to be told.

Don’t Let Surveillance Decide Your Story

Feeling watched after a car accident? That’s downright exhausting. But footage isn’t the final word. It’s just a snippet. Your experience, your pain, your truth, that’s what matters. If you're ready to protect your story and push back, contact Horn Wright, LLP. We’ll make sure your voice is heard and your future is defended.