Can Insurance Companies Hire A Private Investigator to Spy on You After a Car Accident in Ontario?

Many people are surprised to learn that insurance companies may investigate injured accident victims during a personal injury claim.

In Ontario, insurers can hire private investigators to follow you, record video footage, monitor your social media activity, and document your day-to-day activities in an attempt to challenge your claim.

As Jeffrey Preszler explains in the video below, insurers may look for moments they believe can be used to argue that your injuries are not as serious as claimed.

Can Insurance Companies Legally Spy on You?

The first question most people have is whether this is even legal. The short answer is yes. Insurance companies can legally conduct surveillance in public places as part of investigating a personal injury claim.

This may include hiring private investigators, recording video footage in public, monitoring social media accounts, and observing daily activities and routines.

As Jeffrey Preszler explains in the video above, investigators have even been known to attend weddings as uninvited guests in order to capture footage of an injured claimant.

Insurers are looking for moments they can use to argue that your injuries are not as serious as claimed. Carrying groceries, attending a family gathering, or appearing in a photo can all be taken out of context.

Why Do Insurance Companies Conduct Surveillance?

Insurance companies often use surveillance to try to reduce the value of a claim.

They may attempt to use video footage or social media activity to argue that:

• An injured person is more physically capable than reported
• Their injuries are exaggerated
• Their symptoms are not as severe as claimed
• They are capable of returning to normal activities sooner than expected

Insurers may choose to focus on isolated moments, such as carrying groceries or attending a family event, while ignoring the pain, setbacks, or recovery time that may follow those activities.

Social Media Can Affect Your Claim

The same logic applies to what you post online.

Insurance companies and defence lawyers may review social media during a personal injury case, and photos, videos, comments, or posts showing travel, events, physical activity, or social outings may later be used during settlement negotiations or litigation.

As discussed in our article on how social media posts can affect the outcome of personal injury litigation, even seemingly harmless content can be taken out of context to challenge the severity of a claim.

Platforms like Facebook can be used by insurers to access photos, location tags, check-ins, and comments that can all be used to argue your reported limitations are inconsistent with your online activity.

This does not mean injured people must stop living their lives entirely, but it is worth being cautious about what is shared publicly while a claim is ongoing.

What Should You Do if You’re Being Investigated?

The most important thing is consistency and honesty.

If you are injured, make sure your symptoms, limitations, and setbacks are accurately communicated to your doctors, your lawyer, and anyone else involved in your claim.

If certain activities cause pain or worsen your condition, document it. Make sure you tell your medical team and your lawyer rather than trying to hide it.

Don’t let the possibility of surveillance change your behaviour.

A short clip filmed by an investigator rarely tells the full story of what someone is experiencing after a serious injury. Surveillance can be challenged, and an experienced personal injury lawyer will know how to do exactly that.

Don’t Let Surveillance Intimidate You

Surveillance evidence does not automatically destroy a personal injury claim.

Experienced personal injury lawyers understand how insurance companies use surveillance and how misleading footage or selective recordings can be challenged.

Many injured accident victims are still capable of participating in limited daily activities while continuing to suffer from pain, physical limitations, or long-term symptoms.

Speak With Preszler Injury Lawyers

If you were injured in a motor vehicle accident and are concerned about insurance company surveillance or how your activities may affect your claim, Preszler Injury Lawyers may be able to help. Our team represents injured accident victims across Ontario and understands the tactics insurers may use to reduce or deny compensation.

Contact us online or call 1-888-608-2111 to book your free consultation to discuss your legal options and how surveillance could impact your claim.

We’re here to help.