How Insurance Companies Use Private Investigators
Private investigator surveillance is a common practice in personal injury and car accident cases. Insurance companies often hire investigators to secretly record claimants as part of their defense strategy. These recordings—known as “Day in the Life” videos—capture a person’s daily activities, like running errands, doing yard work, or picking up their children, in an attempt to challenge the severity of the injuries claimed.
While these videos can sometimes damage a case if they show behavior inconsistent with a person’s testimony, they can also work in favor of the injured party. As Mark Shirian explains, surveillance can backfire on defendants if the footage shows that, despite significant pain, the person is doing their best to continue daily life.
How Surveillance Footage Can Impact an Injury Claim
Surveillance footage can either strengthen or weaken a case, depending on how it’s used. If a claimant has said they are unable to do any physical activity, yet the video shows them lifting heavy objects or participating in sports, it can seriously hurt their credibility.
However, if the footage simply shows them going about necessary daily tasks, it may actually support the claim—proving they are managing their injuries as best they can.
Mark Shirian highlights that context is everything: “If a video shows a client doing their best to live normally, even through pain, it can actually strengthen their case rather than damage it.”
What Type of Surveillance Footage Is Admissible in Court
CCTV or other surveillance videos are generally admissible in court, but there are legal limits. For example, recording sound is typically not allowed, as it raises privacy issues. Without audio, it can sometimes be difficult to understand the full context of a situation.
Video evidence can help or harm depending on the situation. In one example, if someone claims they reported a safety hazard and is seen speaking to a building manager, the lack of audio makes it unclear what was actually said. Still, visual evidence often plays a major role in determining credibility and liability.
The Risks of AI and Altered Footage
With the rise of artificial intelligence, video tampering has become easier than ever. Mark warns that “AI-generated or edited footage can distort the truth,” making it critical for attorneys to verify video authenticity before it’s presented in court. Any sign of manipulation can shift the case significantly.
How Clients Can Tell if They’re Being Watched
Surveillance is often discreet and handled by professionals, but there are still warning signs to watch for. Mark advises clients to stay alert to their surroundings, especially if they notice the same car parked nearby or unfamiliar individuals observing them.
He also emphasizes the role of social media. Oversharing online—posting locations, routines, or tagged events—makes it easy for investigators to track where someone will be. “When your life is public, surveillance becomes predictable,” he explains.
How to Protect Yourself from Misrepresentation
Injured clients can take proactive steps to avoid being misrepresented on camera. Shirian recommends:
Keeping personal documentation of daily activities.
Going out with friends or family when possible.
Avoiding exaggeration of injuries in public or online.
Being honest with their attorney about what they can and cannot do.
These actions help provide context if surveillance footage is later used in court.
How Attorneys Counter Surveillance Evidence
When surveillance footage is introduced, attorneys like Mark Shirian review it carefully to determine its accuracy and relevance. If the video shows normal, moderate activities, it can be reframed to demonstrate resilience rather than deception.
However, if the footage clearly contradicts sworn testimony—for instance, someone claiming they can’t exercise but being filmed at the gym—it can hurt credibility. Each case is unique, and the goal is always to provide the full story behind the footage.
When Insurance Companies Use Surveillance
Surveillance usually occurs midway through litigation, once the insurance company has gathered enough personal details from depositions—such as where the claimant lives, works, or exercises. At this stage, it’s easier for them to plan and execute targeted investigations.
According to Mark, “They wait until they have a full picture of your routine. That’s when surveillance becomes most effective for them.”
Preparing Clients for the Possibility of Surveillance
Before litigation begins, Mark Shirian’s firm prepares every client for the possibility of being surveilled. Clients are informed that their public activity and social media content can and will be used against them.
“Awareness is the best protection,” says Shirian. “We make sure every client knows to be careful, both online and offline.”
Final Thoughts
Private investigator surveillance is a powerful tactic used by insurance companies to challenge injury claims. While it can feel invasive, understanding how it works—and being careful about public behavior—can make all the difference in a case.
If you believe your insurance company is using surveillance to undermine your claim, visit shnpc.com to speak with Mark Shirian today.