Insurance Surveillance: is it Legal? (2024)

It’s alarming but true: if you’ve made an insurance claim, a private investigator could be watching you.

Surveillance is one of the sometimes drastic lengths that insurance companies will go to in order to make sure your claim is genuine. There are thousands of insurance investigators keeping tabs on claimants right now.

But is insurance surveillance legal? How far can investigators go as they attempt to gather information? And what can you do if you realise you’re being watched?

Is Insurance Surveillance Legal?

Yes. In Australia, insurance surveillance is legal on public property.

Insurance companies conduct two main types of surveillance:

  • desktop surveillance, which is the monitoring of a person’s social media accounts,

  • and direct personal surveillance, which is monitoring a person in real life.

However, there are limits to what a private investigator can do.

Private investigators can’t:

  • trespass onto your property,

  • seize your property,

  • force entry into your house,

  • access confidential government information

  • or take photos of you in a private place or engaged in a private act (such as undressing, taking a shower etc).

Consumer rights lawyers have pressed for more regulation of insurance investigators after clients have claimed to have been harassed or intimidated.

According to anarticlepublished by ABC News in 2016, one in four calls to the Financial Rights Legal Centre in Sydney is from people who say they have been bullied by insurance investigators.

What can investigators record?

A private investigator can legally take photos and videos of you and your house unless they are trespassing on your land to do so or recording you undertaking private activities. They cannot bug your phone or use a listening device to record private conversations they are not a part of.

Can they monitor my social media accounts?

Yes, and information they obtain from social media is widely used as evidence to reduce claims of a plaintiff’s injuries.

If you’ve made a personal injury claim, you need to be careful about not only what you post on social media accounts like Facebook and Instagram but what friends and family members “tag” you in.

What should I do if I’m being recorded?

If a private investigator films you doing something you’ve claimed to be unable to do, you may be accused of embellishing your injuries and your claim for damages may be at risk.

If you have made a claim it’s therefore wise to be aware of the fact you could be filmed. Don’t do anything your doctors have told you not to do or anything your insurer could use as evidence against your claim.

If you suspect that a private investigator is recording your personal conversations or in some way behaving unethically, you can make a complaint with the Office of Fair Trading in your state.

Contact Us

Shine Lawyers are experts in compensation law. If you’re unable to work due to an injury you sustained due to someone else’s negligence or you have another dispute with your insurance company that needs resolving, we can help.Contact us today.

Insurance Surveillance: is it Legal? (2024)

FAQs

How to avoid insurance surveillance? ›

Here are five tips on what you should do.
  1. #1: Follow Your Doctor's Advice. You should follow your physician's instructions on the activities you can engage in. ...
  2. #2: Limit Your Social Media Posts. ...
  3. #3: Ask Friends and Family Not to Post About You. ...
  4. #4: Know Your Rights. ...
  5. #5: Hire a San Diego Personal Injury Lawyer.

How do insurance companies surveil you? ›

How, When, and Why Insurance Companies Conduct Video Surveillance. {3:35 minutes to read} Surveillance occurs when an insurance company hires someone to follow you and videotape your activities in order to determine whether or not your representations to them were truthful.

Can insurance request surveillance footage? ›

Insurance companies are doing everything they can to take advantage of this boom in video surveillance. They will do whatever they can to access video footage that will help them prove or disprove liability in a case.

Do insurance companies send people to watch you? ›

While the insurance company may follow you at any time, there are certain times where it is most likely to occur. We typically see insurance companies conduct surveillance around claim-related appointments.

Is it legal for insurance companies to spy on you? ›

It's perfectly legal. They can set up right outside your home, or outside where you work place. But usually they try to do it in such a way that you will not notice them. That's the only way they can really “catch” you.

Do insurance companies use surveillance? ›

Insurance companies, especially when dealing with car accident victims, employ various surveillance tactics to monitor claimants. These tactics are designed to gather evidence that might contradict a claimant's reported injuries or the severity of their condition.

Is it illegal for insurance companies to follow you? ›

Yes, but the insurance company has to “spy” on you under lawful means and not violate your privileged and protected rights.

What triggers an insurance investigation? ›

Insurance companies are more likely to investigate you when you file a large claim. Any large check that they write comes out of their profits. Therefore, they are looking for any way to escape paying for the damages their policyholder caused.

Do insurance companies tap your phone? ›

Insurance companies cannot tap your phone, but they can request to see your phone records. They may ask you directly or they may go through court channels.

How do you prove you are under surveillance? ›

You receive a written or recorded copy of a private conversation you've had. This is solid proof you have been under surveillance. Sometimes eavesdroppers send copies of private conversations to let you know they have something on you.

Do insurance companies have access to cameras? ›

Do insurance companies have access to dash cam footage? Insurance companies do not have automatic access to dash cam footage, but they may request it from drivers involved in an accident. It is up to the driver to decide whether or not to provide the footage.

Do surveillance cameras record video? ›

Most home security cameras are motion-activated and will record when they detect motion, as well as send you an alert. Some can record 24/7, which is known as continuous video recording (CVR).

Can insurance companies see your social media? ›

Insurance companies are well within their rights to scour your social media profile. Keep in mind, insurers aren't looking for photos of your friends, families, or pets.

Do insurance companies monitor social media? ›

Using Your Profile Information As "Evidence" That You Can Work. Insurers always search for conflicting information to deny or stop benefits. They scrupulously monitor social media accounts to extract any bit of information to support their decision and show you can work.

Do insurance agents record calls? ›

Yes. A plan must ensure that all calls between a TPMO and a beneficiary are recorded. Does this requirement to record all calls apply to both inbound and outbound calls? Yes.

How do insurance companies screen for suspicious activity? ›

SARs are used to prevent and report the activities that seem to be related to money laundering. These reports can generate leads for law enforcement agencies. The insurance broker notifies the insurance carrier when suspicious activity occurs. Insurance carriers file SARs with FinCEN.

Do long-term disability companies spy on you? ›

One of the most frequently asked questions in our long-term disability practice is “Will my long-term disability insurance company spy on me during this process?” More often than not, unfortunately, the answer is YES!

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