How to Deal with Surveillance by Insurance Companies in Atlanta Car Crash Cases

The phone calls and paperwork after a car accident are overwhelming enough. You are focused on doctor’s appointments, healing from your injuries, and figuring out how to manage your life after a collision on I-285 or the Downtown Connector. The last thing on your mind is the possibility that someone is watching you, documenting your every move. Yet, for many people pursuing an injury claim in Atlanta, this unsettling scenario is a reality.

Insurance companies are not in the business of simply paying claims; they are in the business of managing risk and protecting their bottom line. To do this, they often employ private investigators to conduct surveillance on individuals who have filed personal injury claims. The goal is straightforward: to find any piece of evidence that can be used to question the severity of your injuries, contradict your medical records, or create doubt about the validity of your claim. Knowing these tactics exist is the first step in protecting yourself and your case.

Why Do Insurance Companies Use Surveillance?

At its core, surveillance is a tool used by insurance adjusters to gain leverage. They are searching for a “gotcha” moment—a single photograph or a few seconds of video that they can present as proof that you are not as injured as you claim. Their motivation is purely financial. Every claim they can devalue or deny saves them money.

An insurer might initiate surveillance to:

Verify the Claimed Injuries: They want to see if your daily activities align with the physical limitations described by you and your doctors.
Find Contradictory Evidence: If you claim you have a severe back injury that prevents you from lifting more than ten pounds, they hope to catch you on video carrying groceries or picking up your child.
Support Allegations of Fraud: While most claims are legitimate, insurance companies are always on the lookout for potential fraud. Surveillance is one method they use to build a case for denying a claim on these grounds.
Justify a Low Settlement Offer: Surveillance footage, even if it is misleading, can be a powerful negotiating tactic to pressure you into accepting a settlement that is far less than what your claim is actually worth.

They are building a narrative, and they will use any footage they capture to fit that narrative, regardless of the full context of your life and your pain.

What Kinds of Surveillance Tactics Are Used in Georgia?

Insurance investigators have a wide array of tools and techniques at their disposal. While it may sound like something out of a movie, these methods are used every day in metro Atlanta.

Online and Social Media Monitoring: This is often the first and easiest step. Investigators will meticulously scan your public profiles on Facebook, Instagram, X (formerly Twitter), and even LinkedIn. They are looking for photos, videos, posts, and “check-ins” that might contradict your injury claim. A picture of you smiling at a family cookout or on a short walk at Piedmont Park can be twisted to suggest you are not in pain.
Physical Surveillance: This involves a private investigator (PI) physically watching you. They may park an inconspicuous vehicle down the street from your house, follow you as you run errands, or wait in the parking lot of your physical therapist’s office. Their goal is to capture video or photographic evidence of you engaged in daily life.
Video and Photographic Evidence: The primary goal of physical surveillance is to get footage. An investigator might film you doing yard work, washing your car, taking out the trash, or playing with your pets. These short clips rarely show the full story—like the fact you had to lie down for hours afterward due to the pain—but they are presented as definitive proof.
Interviewing Neighbors and Colleagues: Investigators may approach your neighbors, coworkers, or local shop owners under a variety of pretenses. They might ask seemingly innocent questions about how you are doing, when you come and go, and what types of activities they have seen you doing since the accident.
Public Records Search: A PI will often conduct a deep dive into your background, searching for public records that might be relevant. This can include looking for prior workers’ compensation claims, previous personal injury lawsuits, or any criminal history that could be used to attack your character or credibility.

Is Insurance Surveillance Legal in Georgia?

This is a question many clients ask, and the answer is often unsettling: yes, for the most part, it is legal. The legality of surveillance hinges on the concept of a “reasonable expectation of privacy.”

In Georgia, you do not have a reasonable expectation of privacy when you are in a public place. Therefore, an investigator can legally:

Film or photograph you while you are in your front yard, on the sidewalk, or shopping in a store.
Follow you on public roads.
Sit in a car on a public street to watch your house.
Review any information you have made publicly available online.

However, there are limits. Surveillance becomes illegal when it crosses the line into harassment, trespassing, or invasion of privacy. An investigator cannot:

Trespass onto your private property (e.g., your backyard or inside your garage).
Peer into the windows of your home.
Place a tracking device on your vehicle without your consent.
Tap your phone or record your private conversations without your consent. Georgia is a one-party consent state, meaning it is illegal to record a conversation unless at least one person in the conversation is aware of the recording.
Harass you, your family, or your friends.

If surveillance tactics become aggressive or intrusive, they may cross a legal boundary, and your attorney can take action to stop them.

How Can Surveillance Impact an Atlanta Car Accident Claim?

Surveillance evidence, even when it is flimsy or taken out of context, can be damaging to a personal injury claim. The insurance company’s legal team knows how to present this information in a way that creates maximum doubt.

A brief video clip of you lifting a bag of groceries, for example, will be presented to a jury without the accompanying context. The jury will not see you wincing in pain as you set the bag down. They will not know that your doctor encouraged you to try to perform light daily activities. They will not be aware that you spent the rest of the day in bed with a heating pad because of that one small effort.

The primary ways surveillance can negatively affect your case are:

Creating Inconsistencies: The insurer will compare the surveillance footage to your testimony, your doctor’s reports, and your answers in a deposition, looking for any perceived contradictions.
Lowering Settlement Offers: An adjuster will often mention that they have “video evidence” as a threat to push you into accepting a lowball offer. They are banking on the fear that the footage will destroy your case in court.
Damaging Your Credibility: The ultimate goal is to paint you as dishonest. If they can convince a jury that you exaggerated even one small aspect of your injury, they can cast doubt on your entire claim.

What Steps Can You Take to Protect Your Claim from Surveillance?

While you cannot always prevent an insurer from watching you, you can take proactive steps to protect your privacy and the integrity of your claim.

Assume You Are Being Watched: From the moment you file a claim, operate under the assumption that an investigator could be observing you at any time. This mindfulness is your best defense.
Set All Social Media to Private: This is one of the most important steps you can take. Go into the privacy settings on all your social media accounts and make them visible to “Friends Only.” Do not accept friend or follow requests from anyone you do not know personally.
Talk to Your Friends and Family: Advise them not to post any photos, videos, or information about you or your activities online. A well-meaning post from a relative showing you at a family gathering can be easily misinterpreted.
Follow Your Doctor’s Orders Meticulously: Your medical treatment plan is a critical piece of evidence. If your doctor has given you physical restrictions, follow them. Do not try to “tough it out” or push yourself to do more than you are supposed to. Consistency between your doctor’s orders and your actions is vital.
Be Aware of Your Surroundings: Take note of any unfamiliar vehicles parked near your home for extended periods or a car that seems to appear in your rearview mirror frequently. Do not engage with or confront anyone you suspect is watching you. Instead, document it. Write down the date, time, location, and a description of the vehicle and person.
Inform Your Attorney Immediately: If you suspect you are under surveillance, report it to your personal injury lawyer right away. Your attorney can assess the situation and, if the investigator’s actions constitute harassment, can send a formal letter demanding that they cease their improper conduct.

How Can a Lawyer Counter Surveillance Evidence?

An experienced personal injury attorney knows these tactics well and has strategies to fight back. Simply having surveillance footage does not mean the insurance company automatically wins.

Your legal team can:

Challenge the Admissibility of the Evidence: If an investigator used illegal methods, such as trespassing or recording private conversations, your attorney can file a motion to prevent that evidence from ever being shown to a jury.

Put the Footage in Context: A skilled lawyer can use the discovery process to expose the misleading nature of the surveillance. During a deposition, your attorney can cross-examine the private investigator, forcing them to admit what the video does not show. For example, they can be asked:

“How many hours of footage did you record to get these 30 seconds of activity?”
“Did you film my client during the hours he spent resting after this activity?”
“Were you aware of the medical advice my client received about staying active?”

Use the Evidence to Your Advantage: Sometimes, surveillance backfires. Lengthy footage that shows you are largely inactive or clearly in pain can end up strengthening your case by visually demonstrating the impact of your injuries on your daily life.

Prepare You for Questions: Your lawyer will prepare you for questions about the surveillance footage during your deposition and at trial, ensuring you can provide honest, contextual answers that neutralize the insurer’s narrative.

Navigating the Aftermath of a Car Wreck in Atlanta

Being involved in a car accident is disruptive enough without the added stress of being watched by an insurance company’s investigator. Their tactics are designed to intimidate you and make you feel like your privacy has been violated, all in an effort to avoid paying the fair value of your claim. At Miller Injury Trial Law, we meticulously build each case to withstand the scrutiny of insurance carriers and their lawyers. We anticipate their tactics and prepare a comprehensive body of evidence to protect our clients’ rights.

If you have been injured in an Atlanta car accident and are concerned about insurance company tactics, contact Miller Injury Trial Law today at 855-44MILLER or reach out online to schedule a free, no-obligation consultation. We are here to listen, explain your options, and help you secure the compensation you deserve.