Surveillance and Your Injury Claim: Are You Being Watched?

How Surveillance Affects Injury Cases in New York

Filing a personal injury claim in New York can feel overwhelming. Between doctor visits, paperwork, and insurance calls, you’re already dealing with a lot. 

But what many people don’t expect is surveillance. If you're pursuing compensation, the other side may be watching. It might be legal. It might be subtle. And if you don’t know what to look for, it can take you by surprise.

At Horn Wright, LLP, our personal injury lawyers have represented clients across New York State who found themselves under watch. We help injury victims understand how surveillance works, what it means for their case, and how to respond without hurting their claim. 

Know Why Insurers Use Surveillance in Injury Claims

Insurance companies don’t like risk. If they think a claim could lead to a large payout, they may try to find reasons to reduce it. One way they do that is by watching the claimant. Surveillance is their attempt to catch inconsistencies between what you say and what you do.

They often focus on cases involving:

• Long-term or permanent injuries
• High medical costs
• Lost wages over an extended period
• Emotional distress or reduced quality of life

In New York, this is legal as long as it happens in public. Investigators don’t need to tell you they’re following you. And they often start with very little notice.

Understand What Surveillance Might Include

Surveillance isn’t limited to someone following you around with a camera. It can take several forms, including:

• Photo or video surveillance outside your home, workplace, or gym
• Review of your social media posts and tagged content
• Observation while you're out in public, running errands, or driving
• Informal interviews with neighbors, store employees, or building staff

In some rare cases, investigators may use aerial footage or discreet long-range cameras to avoid detection. Surveillance efforts often take place near familiar public locations, such as grocery stores, school parking lots, or gas stations. In New York, there are no strict limits on private investigators gathering footage in these spaces.

Learn When Surveillance Typically Starts

Many people don’t realize they’re being watched until they spot the same vehicle more than once or receive questions from acquaintances. But insurers tend to start surveillance at specific times:

• Soon after a personal injury claim is filed
• Around scheduled independent medical exams (IMEs)
• In the days leading up to court hearings or settlement negotiations

If your injury happened weeks or months ago and you're still receiving treatment, the insurer may be trying to verify how serious your condition really is. They might record you walking to your car, unloading groceries, or helping a child into the house. These clips can be taken out of context, even if you were in pain afterward.

Know What Investigators Look For

The goal of surveillance is simple: discredit your claim. To do that, investigators look for any action that seems inconsistent with your reported injuries. That could mean:

• Carrying groceries or laundry
• Walking without assistance
• Working in the yard
• Taking out the trash
• Attending social events

Surveillance doesn’t have to catch you doing something extreme. Even brief footage of light activity can be used to question your limitations. What you think is minor, like lifting a small bag, could become a focal point if your claim says you can’t lift over five pounds.

Stay Consistent With Your Statements and Medical Reports

The best way to guard your credibility is to stay aligned with your doctors. Always follow their medical guidance and avoid overstating your limitations. If your doctor says you should avoid lifting, don’t lift. If you’re told to use a cane, use it. Any activity that conflicts with your treatment plan can raise questions.

If you’ve said you can’t sit for long periods, then footage of you at a baseball game could become a problem, even if you were uncomfortable the entire time. The insurer only sees what the camera shows. They don’t see your pain, fatigue, or the recovery afterward.

Keep your communications with providers clear, and document all symptoms and setbacks. Your medical records will be one of the most important tools your attorney uses to defend your case.

Be Mindful of Your Social Media Activity

Social media can quietly sabotage your claim. Even private profiles aren’t always safe. Insurance companies can see public content, and sometimes they use connections or dummy accounts to view more.

Here’s how to protect yourself:

• Avoid posting updates, photos, or check-ins
• Don’t mention your injuries, case, or recovery online
• Ask friends not to tag you in photos or posts
• Turn off location sharing on apps

Photos from a wedding, graduation, or even a casual dinner can be misread. You might be smiling through pain, but an insurer could argue the event proves you’re healthy. Posts from New York locations, like Niagara Falls or Times Square, can look like vacation activity, even if it was a short visit or a needed break.

Talk to an Attorney If You Suspect Surveillance

If you think someone is watching you or if a neighbor mentions seeing a person parked near your home, tell your attorney right away. Most surveillance is legal when done in public, but some tactics may cross the line.

A skilled personal injury attorney will:

• Review any footage used against you
• Contact the insurance company or investigator if needed
• Help you prepare honest, consistent testimony
• Prevent your actions from being misrepresented in court

At Horn Wright, LLP, we’ve worked with clients throughout New York State who were targeted by surveillance. We’ve helped them stay calm, stay consistent, and protect their rights at every stage.

Final Takeaway: Stay Honest, Stay Prepared

Surveillance can feel invasive, but if your injury is real and your actions match your records, you don’t need to worry. The key is preparation. 

 Follow your doctor’s advice, limit your public activity, and work closely with a legal team that understands how insurers operate in New York. At Horn Wright, LLP, contact us directly if you suspect you’re under surveillance or facing pushback on your claim.