How Insurance Companies Use Private Investigators to Deny Your Claim

If you have filed a personal injury claim in Georgia or South Carolina, there is a real chance that an insurance company has hired a private investigator to watch you. This is not paranoia. It is standard operating procedure for insurers looking to reduce the value of your claim or deny it outright. Insurance companies spend billions of dollars each year on claims investigations, and private surveillance is one of their most effective tools for doing it.

Whether you were hurt in a car accident, a slip and fall, or a truck crash, the moment you file a claim, the insurer’s goal shifts from helping you to building a case against you. Understanding how private investigators operate — and what they can and cannot do under Georgia and South Carolina law — is one of the most practical things you can do to protect your claim. The Cornell Law Institute’s overview of tort law provides useful background on how personal injury claims work at a foundational level.

Why Insurance Companies Hire Private Investigators

Insurance companies are for-profit businesses. Every dollar they pay on a claim is a dollar off their bottom line. When a claimant reports serious injuries — a traumatic brain injury, a spinal cord injury, chronic pain from a rear-end collision — the insurer has a financial incentive to challenge those injuries.

Private investigators give insurers a way to do that with evidence rather than just suspicion. An adjuster might believe your injuries are exaggerated, but a belief is not enough to deny a claim or win at trial. Surveillance footage of you carrying groceries, playing with your kids, or mowing the lawn gives the insurer something concrete to point to.

Insurers hire PIs most often in cases involving:

• Soft tissue injuries — whiplash, herniated discs, and other conditions that do not show up clearly on imaging
• Long-term disability claims — where the insurer suspects the claimant has recovered more than medical records suggest
• High-value claims — settlements or verdicts that could reach six or seven figures, making the cost of surveillance a smart investment
• Workers’ compensation cases — where the injured worker claims they cannot return to their job, and the insurer wants proof otherwise
• Claims with gaps in treatment — missed doctor appointments or delays in seeking care that the insurer views as red flags

This is not limited to large cases. Insurers have been known to deploy PIs on claims worth $25,000 or less when they suspect fraud or exaggeration. If you have a pending workers’ compensation claim or a personal injury lawsuit in Georgia or South Carolina, assume that surveillance is possible.

What Private Investigators Actually Do

The image of a PI sitting in a car with binoculars is not entirely wrong, but modern surveillance goes well beyond that. Here is what a private investigator hired by an insurance company will typically do.

Physical Surveillance

This is the most common tactic. A PI will park near your home, follow you to the store, watch you at your child’s soccer game, or record you walking into a doctor’s office. They use video cameras — often mounted in their vehicles — to capture footage of your daily activities. The goal is to catch you doing something that contradicts your claimed injuries. If you told the insurer you cannot lift more than ten pounds, and the PI records you loading a case of water into your trunk, that footage will appear in your claims file within 24 hours.

Social Media Monitoring

Every photo you post, every check-in, every comment is potential evidence. PIs — and sometimes the insurance adjusters themselves — will comb through your Facebook, Instagram, TikTok, and other accounts looking for anything that contradicts your injury claims. A photo of you smiling at a family barbecue can be presented as evidence that you are not in pain. A check-in at a gym can be used to argue that your motorcycle accident injuries are not as severe as you claim. Even a “like” on a friend’s hiking photo has been used in depositions to suggest a claimant is more active than they admit.

Background Checks

PIs run thorough background checks on claimants. They look for prior claims, prior lawsuits, criminal records, and any history that could be used to undermine your credibility. If you filed a personal injury claim five years ago, the insurer will know about it and may use it to suggest a pattern.

Sub Rosa Video

“Sub rosa” is a Latin term meaning “under the rose” — in secret. In the insurance context, sub rosa video is covert footage of a claimant engaged in activities that supposedly contradict their medical claims. This footage is often presented at depositions, mediations, or trial to surprise the claimant and their attorney. Defense lawyers will play a clip of you bending over to pick up a newspaper and ask, “I thought you said you couldn’t bend at the waist?”

Witness Interviews

Some PIs will knock on your neighbors’ doors, talk to your coworkers, or approach people in your social circle. They may identify themselves as investigators or use vague descriptions of their role. The information gathered from these interviews can be used to build a picture of your daily life that contradicts your sworn statements.

What PIs Are Legally Allowed to Do in Georgia

Georgia regulates private investigators under the Georgia Private Detective and Security Agencies Act, codified at O.C.G.A. § 43-38-1 et seq. This statute requires all private investigators operating in Georgia to hold a valid license issued by the Georgia Board of Private Detective and Security Agencies.

Under Georgia law, a licensed PI can legally:

• Conduct surveillance from public spaces — A PI can watch and record you from any public road, sidewalk, parking lot, or other location where there is no reasonable expectation of privacy. If they can see you from a public vantage point, they can film you.
• Photograph and video record you in public — Georgia is a one-party consent state for recordings in public spaces. There is no expectation of privacy when you are visible from a public area, even if you are on your own property. If your front yard is visible from the street, a PI can record you there.
• Search public records — Court filings, property records, vehicle registrations, and other public documents are fair game.
• Monitor your publicly available social media — Anything you post with public visibility settings can be captured, screenshotted, and used as evidence.
• Interview willing witnesses — A PI can talk to anyone who agrees to speak with them. They cannot compel testimony, but they can ask questions.

Georgia’s privacy protections come into play when a PI crosses certain lines. Under O.C.G.A. § 16-11-62, Georgia’s wiretapping and eavesdropping statute, it is a felony to intercept or record private communications without the consent of at least one party to the conversation. A PI cannot bug your phone, record your private conversations from outside your window, or use electronic devices to listen to what you say inside your home.

Georgia also recognizes the tort of intrusion upon seclusion. If a PI uses extreme or invasive methods to gather information — peering through your windows with a telephoto lens, for example — you may have a separate legal claim against the investigator and the insurance company that hired them.

What PIs Are Legally Allowed to Do in South Carolina

South Carolina regulates private investigators under S.C. Code § 40-18-10 et seq., which requires licensure through the South Carolina Law Enforcement Division (SLED). The licensing requirements in South Carolina are broadly similar to Georgia’s, but there are differences in enforcement and scope.

In South Carolina, a licensed PI can:

• Conduct surveillance from public areas — The same general principle applies. If you are visible from a public space, you can be recorded.
• Use video and photographic equipment in public — South Carolina does not prohibit recording individuals in public spaces where there is no expectation of privacy.
• Access public records and databases — Court records, property filings, and other publicly available information can be freely searched.
• Speak with willing witnesses — As in Georgia, a PI can interview anyone who agrees to talk.
• Monitor public social media profiles — Posts, photos, and check-ins that are publicly visible are considered fair game.

South Carolina’s wiretapping law at S.C. Code § 17-30-20 makes it illegal to intercept wire, oral, or electronic communications without the consent of at least one party. Like Georgia, South Carolina is a one-party consent state, meaning a PI can record a conversation they are part of but cannot secretly record conversations between other people.

One area where South Carolina differs from Georgia is in its treatment of trespass. South Carolina courts have generally held that entering someone’s private property — even briefly — to conduct surveillance can constitute criminal trespass. PIs operating in South Carolina tend to be more cautious about staying on public property because the case law on trespass-related surveillance is less forgiving than in some other states.

Georgia vs. South Carolina PI Rules — Key Differences

Both states allow extensive public surveillance, but South Carolina’s stricter approach to trespass means that PI evidence obtained from private property is more likely to be challenged successfully in South Carolina courts. Georgia claimants should be aware that the shorter two-year statute of limitations under O.C.G.A. § 9-3-33 puts additional pressure on cases — insurers may drag out investigations hoping you miss the deadline. South Carolina’s three-year window under S.C. Code § 15-3-530 provides slightly more time, but delays still hurt your case.

What Private Investigators Cannot Legally Do

A PI license does not give someone law enforcement powers. There are clear legal boundaries in both Georgia and South Carolina that private investigators cannot cross.

Trespassing on Private Property

A PI cannot enter your home, your fenced backyard, your garage, or any other private space without your permission. They cannot climb fences, open gates, or walk onto posted property. If they do, the evidence they gather may be inadmissible, and they may face criminal charges.

Wiretapping or Eavesdropping

Under both O.C.G.A. § 16-11-62 and S.C. Code § 17-30-20, intercepting private communications without consent is a crime. A PI cannot tap your phone, hack your email, place a listening device in your car, or record conversations you have inside your home through a window or wall.

Impersonating Law Enforcement

PIs cannot represent themselves as police officers, federal agents, or any other government official. This is a criminal offense in both states. If someone flashes a badge and claims to be a detective investigating your accident, ask for identification and a business card. A legitimate PI will identify themselves if pressed.

Accessing Protected Medical Records

Your medical records are protected by HIPAA and state privacy laws. A PI cannot call your doctor’s office, walk into a hospital, or contact your pharmacy to obtain your treatment records. The only way an insurer can access your medical records is through a signed authorization from you or a court order. If a PI obtains medical information through deception, that evidence can be suppressed and the PI can face serious legal consequences.

Harassment or Intimidation

Following you is legal up to a point. But when surveillance becomes following you for days on end, blocking your vehicle, confronting you at your home, or making threatening statements, it crosses into harassment or stalking. Both Georgia and South Carolina have anti-stalking statutes that apply to PIs just as they apply to anyone else.

How PI Evidence Is Used Against You in a Claim

The footage and information a PI gathers does not just sit in a file. It becomes a weapon the insurance company uses at every stage of your claim.

During settlement negotiations: The adjuster may reference surveillance findings to justify a lowball offer. “We have video of your client lifting heavy bags at a hardware store. We don’t believe the claimed back injury is as severe as alleged.” This can happen even if you were having a rare good day or were pushing through pain to handle a necessary task.

At depositions: Defense attorneys love to use sub rosa video during depositions. They will ask you detailed questions about your limitations — “Can you bend at the waist?” “Can you lift more than 20 pounds?” — and then play footage that appears to show you doing those exact things. The goal is to make you look dishonest, even if the video is taken out of context.

At trial: Juries respond strongly to video evidence. A skilled defense attorney will play surveillance footage during cross-examination and argue that you exaggerated your injuries. In states like Georgia and South Carolina that follow modified comparative fault rules, this matters enormously. Under O.C.G.A. § 51-12-33, if the jury finds you were 50% or more responsible for your own damages — including through credibility issues raised by PI evidence — you recover nothing. In South Carolina, the threshold is 51%. Credibility attacks fueled by surveillance footage can shift fault percentages and reduce or eliminate your recovery.

This applies across all case types. Whether you are pursuing a pedestrian accident claim, a dog bite case, or a complex brain injury lawsuit, PI surveillance can affect the outcome.

How to Protect Your Claim from PI Surveillance

You do not have to live in fear, but you do need to be smart. Here are concrete steps to protect your claim while it is pending.

Lock Down Your Social Media

Set all accounts to private. Do not accept friend requests or follow requests from people you do not know. Better yet, stop posting entirely until your case resolves. Even private posts can be subpoenaed during litigation, but making your profiles private at least prevents casual monitoring by PIs and adjusters.

Do not delete old posts. Deleting social media content after filing a claim can be considered spoliation of evidence, which can result in sanctions or negative jury instructions. Leave existing posts alone — just stop creating new ones.

Follow Your Doctor’s Orders Exactly

If your doctor says no lifting over ten pounds, do not lift over ten pounds — even if you feel okay on a particular day. PIs do not capture context. They capture a five-second clip of you lifting a bag and present it without the fact that you were in agony for the next three hours. Follow your restrictions to the letter, every day, in every setting.

Be Honest About Your Limitations

Do not exaggerate your injuries in medical records, to your attorney, or in sworn testimony. If you can walk short distances but not long ones, say that. If you have good days and bad days, document both. The best defense against PI evidence is a medical record that is accurate and consistent with your actual behavior.

Be Aware of Your Surroundings

You do not need to scan every parking lot for surveillance vans. But be generally aware that if you are outside your home, someone may be recording you. This means not doing things in your front yard that contradict your claimed limitations. It also means being careful at public events, stores, and recreational venues.

Tell Your Family

PIs sometimes approach family members, neighbors, or friends for information. Make sure the people in your life know that you have a pending claim and that they should not discuss your injuries or activities with strangers. A well-meaning neighbor who tells a PI “Oh, they seem fine — they were out gardening yesterday” can do real damage to your case.

Keep a Pain Journal

Document your daily pain levels, what you can and cannot do, and how your injuries affect your life. This creates a contemporaneous record that can counter surveillance footage. If a PI films you carrying a light bag on Tuesday, your journal entry for that day saying “moderate pain, pushed through to get milk for the kids, had to rest for two hours after” tells the full story.

How a Personal Injury Lawyer Fights Back Against PI Evidence

An experienced personal injury attorney does not simply accept PI evidence at face value. There are multiple strategies for challenging, contextualizing, or excluding surveillance material.

Challenging Admissibility

If the PI obtained evidence through illegal means — trespassing, wiretapping, accessing medical records without authorization — your attorney can move to suppress that evidence. In both Georgia and South Carolina, evidence obtained in violation of the law or a party’s constitutional rights may be excluded from trial.

Providing Context

A ten-second video clip does not tell the full story. Your attorney can introduce medical records, treating physician testimony, and your pain journal to show that the activity captured on video was brief, painful, or medically consistent with your diagnosis. A person with a herniated disc can still pick up a bag of groceries — they just pay for it with hours or days of increased pain afterward.

Cross-Examining the PI

PIs are paid witnesses. Your attorney can cross-examine them about their billing records (how much the insurer paid them), their instructions from the insurer, what they chose not to film, and whether the footage represents your typical day or a cherry-picked moment. A PI who surveilled you for 40 hours and produced only 90 seconds of footage leaves a lot of unrecorded time that likely showed you struggling.

Deposing the Adjuster

Your attorney can depose the insurance adjuster who authorized the surveillance and ask what they were hoping to find, what instructions they gave the PI, and whether the surveillance was ordered before or after they reviewed your medical records. This line of questioning can reveal bad faith practices.

Filing Bad Faith Claims

In some cases, the insurer’s use of PI surveillance crosses the line into bad faith. If an insurer uses misleading or out-of-context surveillance footage to deny a legitimate claim, your attorney may be able to pursue a bad faith claim against the insurance company. This can result in additional damages beyond your original personal injury claim.

These strategies apply whether you are dealing with a car accident case, a premises liability claim, or a motorcycle wreck. The insurer’s playbook is largely the same across case types — and so is the defense against it.

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About the Author

Eric Roden

Founding Partner, CEO