Private Investigators in Personal Injury Cases

In a personal injury case, a private investigator can work for either side. Your attorney might hire one to gather evidence: locating witnesses, getting surveillance footage, and documenting accident conditions. The insurance company might hire one to follow you and challenge your injury claims. In New York, every private investigator must be licensed by the Department of State.

That dual role is what makes this topic so confusing for injured New Yorkers. The same job that can strengthen your case from one side can be used to weaken it from the other. The Orlow Firm has handled personal injury cases throughout New York City for more than 40 years, and we've seen investigators work both sides of a claim. This guide explains what private investigators legally can and cannot do in New York. It also covers how their findings affect what a case is worth. And it covers what you can do to protect a claim if you think you're being watched.

When the Plaintiff's Attorney Hires a Private Investigator

People tend to link private investigators with insurance companies. But plaintiff's attorneys hire them too. The goal is to find the truth of what happened and to lock in evidence before it disappears. A well-run investigation can be the difference between a disputed claim and a clear one.

Here is what an investigator working for the injured person often does:

• Reconstructs the accident scene. Photographs, measurements, and detailed notes capture hazards exactly as they were. That matters before a broken stair is fixed, a sidewalk is repaved, or a spill is cleaned up.
• Locates and interviews reluctant witnesses. In a dense city, bystanders scatter within minutes. An investigator tracks down the delivery driver, the storekeeper, or the passerby who saw the crash. They get a statement while memories are still fresh.
• Obtains third-party surveillance footage quickly. Business security cameras typically record over their footage within weeks. An investigator can find which nearby businesses had a camera pointed at the scene and request the footage before it is lost.
• Researches the defendant's history. Public records may show prior complaints, safety violations, or earlier incidents. That information can be relevant to proving negligence, which is the failure to use reasonable care.
• Documents how the injury affects daily life. Not to exaggerate it, but to accurately record the real limits an injured person faces. This matters when calculating damages, the money meant to cover your losses.

A good investigator works under the attorney's direction. That keeps everything gathered within New York's discovery rules, so it can actually be used. Evidence collected the wrong way, by trespassing or by illegal recording, can be challenged and thrown out. That defeats the whole purpose. The goal is always an honest, complete picture of what happened, not a made-up story.

Documenting things early and correctly is one of the most powerful steps you can take for your own case. This video explains why:

When the Insurance Company Hires a Private Investigator Against You

This is the part that causes the most anxiety, so let's be direct. Yes, an insurance company can hire a private investigator to follow you, and it happens often. It is legal. For moderate-to-high-value claims, it is common.

Surveillance often isn't random. It tends to be set off by specific events in your claim:

• Filing a significant claim. Larger demands draw more scrutiny from insurers protecting their money.
• Being deposed. During a deposition, you'll be asked about your daily routine. Where you go, what you can and can't do, when you run errands. Those answers tell defense lawyers exactly when and where to watch.
• Attending an independent medical examination (IME). Surveillance often clusters around IME dates, when the insurer is already weighing how serious your injuries are.

What an investigator films in public is just what you'd expect. Running errands, carrying groceries, doing yard work, playing with your kids, going to an event. The insurer is looking for any moment that seems to clash with the limits you've described. Footage can be edited into a "Day in the Life" video and later used as evidence.

Investigators also watch what's publicly visible online. Vacation photos, activity posts, event check-ins, anything on a profile that isn't set to private. None of this needs a court order, because it is already public.

The key boundary is the line between public and private. Surveillance from a public place, like a street, a parking lot, or a park, is legal in New York. There is no reasonable expectation of privacy in those spaces. What an investigator cannot do is trespass onto your property, record into the windows of your home, or intercept your private communications. New York's eavesdropping and wiretapping laws (Penal Law §§ 250.00–250.05) make that kind of intrusion a crime, and evidence gathered that way can be challenged.

What Private Investigators Can — and Cannot — Legally Do in New York

If you want to understand your exposure, it helps to know just what a licensed investigator in New York can and cannot do. The line is set by a handful of laws.

What a private investigator can do

• Conduct surveillance from public spots such as streets, sidewalks, parking lots, and public parks.
• Photograph and record video in any place where there is no reasonable expectation of privacy.
• Search public records, including court filings, property records, and public employment information.
• Interview witnesses who are willing to talk.
• Monitor public social media profiles.
• Record a conversation they are personally part of. New York's definition of "mechanical overhearing" under Penal Law § 250.00 requires consent of at least one party to a conversation. An investigator who takes part in the conversation may record it.
• Serve legal documents.

What a private investigator cannot do

• Trespass on private property. Evidence gathered through trespass can be challenged, and the investigator can face criminal charges.
• Secretly record a conversation they are not part of. Under New York Penal Law § 250.00, "mechanical overhearing" requires the consent of at least one party to the conversation. An investigator who listens in on a conversation they aren't part of is breaking the law.
• Impersonate law enforcement. Criminal impersonation is barred under New York Penal Law §§ 190.25–190.26.
• Access sealed court records, HIPAA-protected medical records, or restricted government databases without proper authorization.
• Plant a GPS tracker without authorization. Unauthorized tracking can rise to the level of stalking under New York law.

Licensing requirements

New York doesn't let just anyone work as a private investigator. Under General Business Law § 70, an investigator must be licensed by the New York Department of State. To qualify, a person must be at least 25 years old, have at least three years of full-time investigative experience, and post a $10,000 surety bond. Licenses run for two-year terms.

Working as an unlicensed investigator is a Class A misdemeanor under New York law. Suppose you suspect that someone gathering evidence in your case isn't properly licensed. You can verify their status through the Department of State's database, and your attorney can raise the issue. Evidence from an unlicensed investigator may be challenged or disqualified in court, though judges still decide whether to exclude it.

How Private Investigator Findings Affect Your Personal Injury Claim

Investigator evidence cuts both ways. Understanding how it lands is the difference between protecting your case and hurting it.

When investigator evidence helps you. An eyewitness statement secured early can back up your account and settle a "he said, she said" dispute. Scene documentation locks in conditions before they change. That's a real advantage when a property owner repairs the hazard after the fact. Third-party camera footage can establish liability, the legal responsibility for the accident, almost beyond argument. There's one more benefit. Under New York's no-fault system, suing for pain and suffering usually requires proving a "serious injury" under Insurance Law § 5102(d). Careful records of how your injury limits your life can support the medical evidence on that point.

When defense investigator evidence hurts you. Footage that seems to clash with your stated limits can sharply cut a settlement offer. Say you testified at a deposition that you can't walk more than a block. If an investigator films you walking briskly for three, that clip will follow you to trial. Social media is part of this too. New York courts have held that social media content contradicting a claimant's stated restrictions can be discoverable (see Patterson v. Turner Construction Co., 88 AD3d 617 [1st Dept 2011]). Prior results do not guarantee a similar outcome, and every case turns on its own facts.

Surveillance doesn't have to prove fraud to be damaging. A few seconds of you having a rare good day, with no context, can be shown as if it were every day. That's exactly why honesty and consistency matter so much.

So how do you protect the value of your claim when private investigators in personal injury cases are a real possibility?

• Be honest about your limits. With your doctors, with your attorney, and in every statement you give. Accuracy is your best defense, because consistent truth is what surveillance can't undermine.
• Don't overshare on social media while your case is active. Set your profiles to private, and assume anything public may be seen.
• Use any mobility aid consistently. If you rely on a cane on bad days, inconsistency is just what an investigator will try to exploit.
• Tell your attorney right away if you think you're being followed, so they can prepare instead of being caught off guard.

Why does any of this matter so much? Because in a personal injury case, the evidence is the case. This video walks through how liability is actually proven:

Signs That an Insurance Investigator May Be Watching You

Most surveillance is meant to go unnoticed, but it isn't invisible. Here are signs that warrant a closer look:

• The same unfamiliar vehicle parked near your home on several different days.
• A person who keeps turning up in unrelated places along your normal routine.
• New social media friend or follow requests from accounts with almost no history.
• A request for a recorded statement or an IME shortly after you've described your daily activities.

Timing is a clue, too. Surveillance is most common right after a significant claim is filed. It also tends to follow a deposition where your routine came up, and to cluster around the date of an IME.

If you think you're being watched, the right response is calm and simple. Alert your attorney right away. Do not confront the investigator. Do not make sudden, dramatic changes to your behavior, because abrupt changes can look suspicious on their own. Keep following your doctor's advice and live your life honestly. There is no penalty for being watched while you do just what you've said you can do.

Working With Your Attorney When a Private Investigator Is Involved

When a private investigator enters your case, on either side, your attorney is the one who manages it.

On your side, the choice to hire an investigator is a strategic one. Your attorney weighs the complexity of the case, which facts are truly in dispute, and what the claim is worth. Only then do they decide whether an investigation makes sense. They also set the investigator's scope so that everything gathered stays within usable, admissible limits. Investigator fees are often advanced by the firm as a case cost under the contingency arrangement, then recovered from the eventual settlement. So you don't pay out of pocket as the work gets done.

On the defense side, the most important thing you can do is give your attorney a complete and honest account up front. That includes any activity that might look inconsistent on camera. Your lawyer can handle almost anything except a surprise. Say defense surveillance footage shows up during discovery. Your attorney can challenge how it was obtained, the context it was stripped from, and even whether it's real. With AI-manipulated video becoming a real concern, those authenticity challenges are now a bigger part of the picture.

Frequently Asked Questions

Can an insurance company hire a private investigator to follow me?

Yes. Insurance companies routinely hire licensed private investigators to surveil claimants, especially in moderate-to-high-value cases. As long as the surveillance happens in public places where you have no reasonable expectation of privacy, it is legal in New York. They cannot trespass, record into your home, or intercept private communications.

What can a private investigator legally do in New York?

A licensed investigator can watch you from public spots and record video where there's no reasonable expectation of privacy. They can search public records, interview willing witnesses, watch public social media, and serve legal documents. They must be licensed by the New York Department of State under General Business Law § 70.

How do I know if a private investigator is following me?

Watch for the same unfamiliar vehicle near your home on several days. Watch for a person who shows up again and again across your routine, or new social media requests from accounts with little history. Surveillance is most common after a claim is filed, after a deposition, or around an IME date.

Can surveillance video be used against me in a personal injury case?

Yes. Footage that seems to clash with the limits you've claimed can be used as evidence. It can cut a settlement offer or challenge your testimony at trial. That's why staying consistent and honest about your limits is so important throughout your case.

Can social media posts hurt my personal injury claim?

They can. New York courts have held that social media content contradicting a claimant's stated restrictions can be discoverable (Patterson v. Turner Construction Co., 88 AD3d 617 [1st Dept 2011]). Photos showing physical activity may be used to question your injuries. Set profiles to private and avoid posting about activities while your case is active.

Does my attorney hire a private investigator for my case?

Sometimes. Plaintiff's attorneys hire investigators when a case is complex, key facts are disputed, or the claim's value justifies it. The investigator locates witnesses, secures surveillance footage before it's recorded over, and documents the scene. The fee is often advanced by the firm as a case cost and recovered from the settlement.

Is evidence from a private investigator admissible in court?

It depends on how it was gathered. Evidence collected lawfully, such as surveillance from public places, public records, and willing witness statements, is usually allowed. Evidence obtained through trespass, illegal recording, or by an unlicensed investigator may be challenged or disqualified, though judges still decide what to exclude.

What should I do if I think I'm being watched by an insurance investigator?

Tell your attorney right away. Do not confront the investigator, and do not dramatically change your behavior, since sudden changes can look suspicious. Keep following your doctor's advice and live honestly. If you've been truthful about your limits, lawful surveillance has nothing damaging to capture.

Sources & Official Resources

New York Laws Cited

1. NY Penal Law § 250.00 — Definitions (Eavesdropping, Mechanical Overhearing, One-Party Consent)
2. NY Penal Law § 250.05 — Eavesdropping (Class E Felony)
3. NY Penal Law § 190.25 — Criminal Impersonation in the Second Degree
4. NY Penal Law § 190.26 — Criminal Impersonation in the First Degree
5. General Business Law § 70 — Private Investigators: Licensing Authority and Penalties
6. General Business Law § 74 — Issuance of Licenses; Surety Bond; License Term
7. Insurance Law § 5102(d) — Serious Injury Threshold Definition

Helpful Resources 8. NY Department of State — Become a Private Investigator (Licensing Requirements) 9. NY Department of State — Verify a Private Investigator License

Contact The Orlow Firm

Were you injured and now have questions about how evidence is gathered in a New York personal injury case? Maybe you're worried about how a private investigator could affect your claim. Either way, understanding your options is an important first step. The Orlow Firm has helped injured New Yorkers throughout Queens and New York City for more than 40 years, and we know how to build strong cases and protect them under scrutiny.

Call (646) 647-3398 for a free consultation. We work on contingency, so you pay nothing unless we win.

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This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.