Can the Insurance Company Surveille Me During My Claim?

If you have made a personal injury claim after a car accident or disability, you may have heard that insurance companies sometimes hire investigators to watch claimants. This can feel unsettling, even frightening. You have already been through something difficult, and the idea of being followed adds another layer of stress to an already hard situation.

Here is what you should know about how surveillance works in Atlantic Canada, what your rights are, and what you can do to protect yourself without living in fear.

Yes, Insurance Companies Can and Do Conduct Surveillance

Insurance companies are legally permitted to investigate claims, and surveillance is one of the tools they use. This is not new, and it is not rare. Larger claims, particularly those involving serious or ongoing injuries, are more likely to be investigated.

Surveillance activities can include hiring a private investigator to photograph or video record you in public places, reviewing your social media accounts and publicly available online information, monitoring your activity at locations you are known to visit, and checking records that are publicly accessible. The goal is to gather evidence that contradicts how you have described your injuries or your limitations.

Where Can They Surveille You?

Investigators can legally observe and record you in any public place. This includes parking lots, sidewalks, parks, shopping centres, sports fields, and anywhere else that members of the public could reasonably see you. There is no notice required before surveillance begins, and you will not be told it is happening.

There are limits. Investigators cannot enter your home or private property without consent. They cannot place hidden cameras in spaces where you have a reasonable expectation of privacy, such as inside your home, a medical office, or a private yard. If you believe you have been recorded in a private setting without consent, tell your lawyer immediately.

Social Media Is Also Watched

Your social media presence is treated as publicly accessible information by courts and insurance companies in most circumstances. Facebook, Instagram, TikTok, and other platforms are regularly reviewed during active claims. This includes your own posts, posts you are tagged in by others, public check-ins, comments on public pages, and profile photos.

A photo of you at a family barbecue where you are standing and holding a drink can be used to suggest you have no mobility limitations. A post where you mention having a great weekend can be used to imply your injuries are not affecting your quality of life. These posts are almost always taken completely out of context, but they can still be presented as evidence by an insurer.

During an active claim, be very thoughtful about what you and your friends and family post about you online. Consider reviewing your privacy settings, though privacy settings are not a complete shield. Even friends sharing photos of you can surface information that gets used. Speak with your lawyer about what approach makes sense for your specific situation.

Does Surveillance Need to Be Disclosed?

In Atlantic Canada, if an insurance company has conducted surveillance and intends to use that footage or evidence in legal proceedings, they are generally required to disclose it to you and your lawyer in advance. The rules vary somewhat by province and by the stage of proceedings, but the general principle is that you cannot be ambushed at a hearing or trial by evidence that was never shared with you beforehand.

This does not mean they have to tell you they are watching you while it is happening. They do not. The disclosure requirement comes into play once they decide to rely on the evidence in a legal or administrative context.

What Should You Do?

The single most important thing is to be honest and consistent. If you have described certain limitations to your doctor, your lawyer, and the insurance company, your behaviour in public should be consistent with those descriptions. This does not mean you need to exaggerate your limitations or avoid all activity. It means being truthful about what you can and cannot do on a typical day.

Injuries, particularly chronic pain conditions, soft tissue injuries, and psychological injuries, naturally fluctuate. A day when you feel better and can do more does not mean your injury is not real. It means you had a better day. What creates problems for claims is when someone has described themselves as completely unable to perform an activity and is then filmed doing that activity with no apparent difficulty. Honesty with your medical team and your lawyer protects you from this situation.

You do not need to become a prisoner in your own home. You can still go to appointments, run necessary errands, see family and friends, and take care of yourself. Life does not stop because you have an active claim. Just be aware that surveillance is a real possibility and conduct yourself accordingly when you are in public.

If You Think You Are Being Watched

If you notice the same vehicle parked near your home on multiple occasions, or if you believe someone is following you, take note of the details: the date and time, the location, a description of the vehicle including colour, make, and license plate if possible, and a description of any individual involved. Do not confront the investigator. Simply observe and document.

Tell your lawyer right away. This information can be relevant to how your case is handled and in some circumstances to the conduct of the investigation itself.

Surveillance Is Manageable With Good Guidance

Surveillance is a real part of the personal injury claims process for many people in Atlantic Canada. It can feel invasive and it can be stressful, especially when you are already dealing with pain and uncertainty. But when you are honest about your injuries, consistent in your descriptions, and working with a lawyer who knows how to handle this, surveillance rarely changes the outcome of a legitimate claim.

If you have questions about your claim and how to protect yourself, CLG Injury Law is here to help. We have been navigating these situations with clients across New Brunswick, Nova Scotia, and PEI for nearly 40 years. Reach out for a free conversation whenever you are ready.