How Surveillance Works in Personal Injury Claims

Published: October 23, 2023 | Last Reviewed: September 10, 2026

Insurance companies and defence lawyers may hire licensed private investigators to conduct surveillance during an Alberta personal injury claim. Surveillance may be used in claims arising from car accidents, slip and fall accidents and other incidents where the severity and day-to-day effects of a claimant’s injuries are disputed.

Related surveillance tactics may also be used during long-term disability claims.

Investigators may observe and record activities visible from public places or review publicly available online content. However, surveillance is not unrestricted, and a short recording does not necessarily provide a complete picture of someone’s injuries or abilities.

If you are concerned about surveillance or how evidence could affect your claim, contact Preszler Injury Lawyers for a free consultation.

Key Takeaways

• Insurers may use surveillance to compare your reported limitations with your daily activities.
• Private investigators must be licensed to work in Alberta.
• Investigators do not have an unrestricted right to enter private property or intrude where there is a reasonable expectation of privacy.
• Surveillance footage must be considered in context. Performing an activity once does not necessarily mean you can do it repeatedly or without pain.
• Continue following medical advice and be accurate about your symptoms and abilities.
• Do not delete potentially relevant social media posts, photographs or messages without speaking to your lawyer.

Why Do Insurance Companies Conduct Surveillance?

A personal injury claim may include compensation for pain and suffering, lost income, healthcare expenses and the effect an injury has had on the claimant’s daily life. Insurers and defence lawyers may investigate whether the available evidence supports these claimed losses.

They may use surveillance to compare a claimant’s activities with statements made in:

• Medical records
• Insurance forms
• Examinations for discovery
• Statements to an insurance adjuster
• Reports from healthcare providers
• Evidence about work, housekeeping or recreational limitations

For example, a claimant may report that an injury prevents them from lifting heavy objects.

An investigator might record that person carrying groceries or doing yard work, and the insurer may attempt to use the footage to challenge the reported limitation.

That does not necessarily prove the claimant was inaccurate.

The recording may not show how heavy the object was, how much pain the person experienced, whether someone helped them or how long they needed to recover afterward. The significance of surveillance depends on the complete circumstances.

The fact that an insurer conducts surveillance does not necessarily mean it believes the claimant has committed fraud. Surveillance may simply form part of its investigation and assessment of the claim.

Is Surveillance Legal in Alberta?

Surveillance may be lawful in Alberta, but insurers and investigators do not have an unlimited right to monitor a claimant.

The Government of Alberta requires private and in-house investigators to be licensed. Investigating accidents and personal injuries, collecting information and conducting surveillance are among the activities covered by the province’s investigator licensing requirements.

Alberta’s Personal Information Protection Act also governs how many private-sector organizations collect, use and disclose personal information. The Act allows certain information to be collected without consent where collection is reasonable for an investigation or legal proceeding. However, organizations remain subject to requirements governing reasonable purposes and reasonable collection.

Whether a particular surveillance method is lawful can depend on factors including:

• Where the investigator was located
• Whether the activity was visible from a public place
• Whether the investigator entered private property
• The claimant’s reasonable expectation of privacy
• What information was collected
• Why and how the information was collected
• Whether the conduct involved harassment or another legal violation

If an investigator appears to enter your property, record a private conversation, use deception to access restricted information or behave in a threatening manner, tell your lawyer.

Your lawyer can assess the conduct and determine what response may be appropriate.

What Types of Surveillance May Be Used?

The methods used will depend on the nature and value of the claim, the injuries alleged and the issues being disputed.

Physical Surveillance

An insurance company or defence lawyer may retain a private investigator to observe a claimant’s activities. Investigators may watch someone travelling, shopping, attending appointments or participating in activities visible from a public location, and typically document what they observe through photographs or video recordings.

The investigator may record:

• Where the claimant goes
• How the claimant walks or moves
• Whether the claimant uses a mobility aid
• How long the claimant remains at a location
• Whether the claimant drives
• Apparent work, household or recreational activities

Video and photographs can appear persuasive because they let the insurer, lawyers or a court see an activity directly. But a recording generally does not reveal:

• The claimant’s pain level
• Medication taken before or after the activity
• Assistance received outside the recording
• How long the activity could be sustained
• Symptoms experienced later
• Whether the activity was recommended as part of rehabilitation

The claimant and their lawyer may be able to provide medical evidence, testimony or other information that explains what a recording does and does not show.

Online and Social Media Monitoring

Insurers and investigators may review publicly available information from Facebook, Instagram, TikTok, LinkedIn and other platforms. They may also examine photographs, comments, tags, location information and content posted by friends or family members.

Changing an account to private can limit public access, but it does not guarantee that its contents will remain outside the litigation process. Depending on the issues in the lawsuit, relevant records may have to be disclosed under the Alberta Rules of Court.

Social media content may be relevant when it appears inconsistent with what a claimant has said about their injuries, activities or losses.

For example, an insurer may question a claim for loss of enjoyment of life if recent posts appear to show the claimant travelling, attending events or participating in demanding physical activities. However, a photograph of someone smiling at an event does not necessarily establish that they were free from pain or able to participate without assistance.

Posts may also create confusion when:

• An old photograph is posted after the accident
• A friend tags the claimant in an activity they did not participate in
• A positive update is interpreted as evidence of a complete recovery
• A brief activity is presented without the surrounding circumstances
• Humour or sarcasm is read literally

Do not discuss your accident, medical condition, settlement negotiations or legal strategy online. You may also wish to ask friends and family not to post photographs of you or tag you without permission.

You should not delete existing posts or accounts merely because a claim has started. Deleting potentially relevant material can create a separate dispute about whether evidence was destroyed. Ask your lawyer how to manage your accounts and preserve any records that may be relevant.

For more detailed guidance, read our article about social media and personal injury claims in Alberta.

How Can Surveillance Evidence Affect a Personal Injury Claim?

Surveillance may be used to challenge a claimant’s credibility when recorded activities appear inconsistent with statements made to doctors, insurers or lawyers. However, an apparent inconsistency does not automatically determine the outcome of a claim.

Remember, a short recording may show someone shopping or gardening without showing their pain, the assistance they received or the symptoms they experienced afterward. Footage may also support the claimant’s evidence by showing limited movement, the use of mobility aids or difficulty sustaining an activity.

The effect of surveillance depends on what the evidence actually shows and how it compares with the medical evidence and the rest of the claim. This is why claimants should describe their abilities accurately rather than using absolute statements that do not reflect their day-to-day experience.

What To Do If You Think an Investigator Is Following You?

If you believe you’re being watched or followed, don’t confront the investigator or try to find out who they are. Stay calm and go about your day as you normally would.

Write down what you noticed, including the date, time, location, and a description of the person or vehicle. Then tell your lawyer.

They can advise you on next steps and factor it into the handling of your claim.

You don’t need to change your routine or become guarded about your daily activities.

The best protection is simply living your life honestly and consistently with what you’ve reported about your injuries.

Contact Us Today

Our Alberta personal injury lawyers have experience with the surveillance tactics often used by private investigators, insurance companies, and defence lawyers to try and undermine an accident survivor’s claim.

By taking advantage of a free initial consultation with our personal injury lawyers serving Alberta, you could receive personalized advice and legal feedback on your case. To learn more about the ways in which we may be able to protect your rights and fight on your behalf for compensation, call us at 1-888-494-8191, or contact Preszler Injury Lawyers online.

We’re here to help.