Insurers and defense counsel

Insurance Claim Surveillance for Liability and Disability Files

In a bodily injury lawsuit or a disability claim, surveillance video may be watched by an adjuster, a plaintiff's lawyer, a mediator and a jury. Birds Eye shoots and documents with that audience in mind, so the footage is lawful, continuous and hard to pick apart.

  • Auto, premises and product liability claims
  • Short and long-term disability files
  • Video and notes built to withstand scrutiny
Investigator holding a camera inside a parked car, a typical vantage point for lawful insurance claim surveillance in Tennessee
Photo: Vitaly Gariev / Unsplash

What type of claim is it?

Pick the closest match and we will point you to the right next step.

Quick answer

How is surveillance used in liability and disability insurance claims?

Insurers and defense counsel use lawful surveillance to document a claimant's real-world activity and compare it with claimed limitations in pleadings, depositions or disability forms. A licensed PI agency records public activity on video with time-stamped notes, and counsel decides when and how the material is used or disclosed.

01Where it fits

Liability and Disability Claims Where Surveillance Helps

Liability files include auto accidents with bodily injury claims, slip-and-fall and other premises cases, dog bites and product injuries. Disability files include short-term and long-term disability benefits, where continuing eligibility often turns on what a person can and cannot do day to day. In both, the claimant's own description of their limits is central to the file.

Surveillance is most helpful when there is a specific, testable statement: a deposition answer that the claimant cannot drive, a disability form that says they cannot stand more than twenty minutes, a pleading describing lost hobbies. Coverage can then be designed around activities that would test that statement.

02Litigated files

Working Under the Direction of Defense Counsel

Once a claim is in suit, surveillance should usually be directed by defense counsel. Counsel may want work product protection, and whether TRCP 26.02(3) applies is a question for them. Counsel also controls timing questions, such as whether to conduct surveillance before or after the plaintiff's deposition, and when surveillance may have to be disclosed.

Birds Eye reports directly to counsel on litigated files and follows their instructions on distribution. Our PIs do not contact represented claimants.

03Footage quality

Video That Holds Up Under Cross-Examination

Plaintiff's lawyers attack surveillance in predictable ways: gaps in the footage, unclear identification, missing context, and claims that the clip shows the one good day. Our PIs answer those attacks before they happen. They record long continuous segments, capture the claimant's face or identifying features at the start, keep timestamps consistent and note what happened when the camera was off.

Original files are preserved unaltered, with a documented chain of custody from the camera to delivery. Edited summary clips, when requested, are always accompanied by the full originals.

  • Clear identification before recording activity
  • Long, continuous segments rather than short clips
  • Written log covering camera-off periods
  • Unaltered originals with chain of custody
  • No zoom or angle tricks that distort context
Birds Eye Investigations eagle-eye logo, Tennessee PI agency

Talk it through with a licensed PI

Tell us what is happening. We will explain what the work involves and put scope, timeline and cost in writing before anything starts.

04Disability benefits

Special Care on Disability Benefit Files

Disability claims can involve conditions that fluctuate, including many that are not visible. A person may have good days and bad days, and a single active afternoon does not necessarily contradict a claimed limitation. Reports should reflect that complexity rather than oversell it.

For that reason, coverage on disability files is often spread across several days and times, and reports describe duration and frequency of activity rather than isolated moments. Medical conclusions remain with the carrier's medical reviewers.

05Public activity

Public Events, Hobbies and Social Posts

Claimants often describe lost hobbies: golf, fishing, softball, dancing, church volunteering. Public events related to those activities, such as tournaments or festivals, can be meaningful coverage windows. Public social content can point to them, and our PIs preserve public posts with dates when relevant.

We do not use false profiles to see private content, and we do not follow claimants into places closed to the public.

06Balanced reporting

Reporting Results the Claim Can Rely On

Sometimes surveillance supports the claimant's account. When that happens, the report says so. An honest report helps the insurer reserve accurately, helps counsel value the case, and protects the carrier from relying on weak footage in front of a jury.

Every Birds Eye report separates observation from interpretation. We state what the PI saw and for how long. Evaluating its significance is the job of the adjuster and counsel.

What it covers

What a Liability or Disability Assignment Includes

Claim statement review

Deposition answers, forms or pleadings are reviewed to target coverage.

Pre-surveillance research

Addresses, vehicles and public content confirmed before fieldwork.

Multi-day coverage

Coverage spread across days and times when the file calls for it.

Evidence-grade video

Identification, continuity and preserved originals with chain of custody.

Counsel-directed reporting

Reports routed through defense counsel on litigated files.

Testimony support

The PI who recorded the footage can authenticate it and testify.

How it works

How a Claim Surveillance File Is Handled

01

Assignment

The adjuster or counsel shares the claim, key statements and deadlines.

02

Written scope

Coverage days, research and cost are set out in writing before work begins.

03

Research and coverage

Research confirms the starting point, then our PIs cover the chosen windows.

04

Report and originals

A written report, full video originals and chain of custody are delivered.

Compare

How surveillance plans differ by claim type

How surveillance plans differ by claim type
Claim typeTypical claimed limitationCoverage focus
Auto bodily injuryCannot drive or turn headDriving, errands, loading vehicles
Premises slip and fallLimited walking or standingShopping trips, events, yard work
Product injuryLoss of hand or arm functionCarrying, gripping, hobbies
Long-term disabilityCannot sustain activity through a dayDuration and frequency across several days
Short-term disabilityTemporary inability to workSigns of other employment during leave
Checklist

What to Include With the Assignment

Specific claimed limitations make coverage far more useful.

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Across Tennessee

Statewide coverage from Nashville

Birds Eye handles liability and disability claim surveillance throughout Tennessee. Middle Tennessee files often center on Nashville, Franklin, Murfreesboro and Hendersonville. East Tennessee assignments cover Knoxville, Chattanooga, Johnson City and Kingsport, and West Tennessee assignments cover Memphis, Bartlett, Collierville and Jackson. Claimants in rural counties get the same evidence standards, with plans adjusted for long driveways, sparse traffic and small-town visibility.

All service areasNashvilleMemphisKnoxvilleChattanoogaProcess serving

FAQ

Frequently Asked Questions

Is surveillance video discoverable in a Tennessee personal injury case?

It can be, and timing of disclosure is a common strategic issue. Whether surveillance is protected, when it must be produced and whether it will be used at trial are questions for defense counsel. Birds Eye preserves originals and documentation so counsel has options either way.

Should surveillance happen before or after the plaintiff's deposition?

Many defense attorneys prefer to lock in the claimant's testimony about limitations first, then test it with surveillance. Others want an earlier picture. That is counsel's call, and we schedule coverage around their strategy.

Can you conduct surveillance on a long-term disability claimant?

Yes. Disability files often call for coverage across several days to capture duration and frequency of activity, since many conditions fluctuate. Reports describe observed activity without medical conclusions, which remain with the carrier's reviewers.

What makes surveillance footage hold up in court?

Clear identification of the claimant, long continuous segments, consistent timestamps, notes explaining camera-off periods, and unaltered originals with chain of custody. A PI who can explain all of that on the stand matters as much as the footage itself.

Can the PI follow the claimant into a store or gym?

A PI may enter places open to the public, such as a store, while following the business's rules, and will leave if asked. Private clubs and gyms that require membership are generally off limits without lawful access. Our PIs do not use deception to gain entry.

What if the claimant lives outside Tennessee?

Birds Eye manages the file and coordinates with a PI licensed in the claimant's state when required, keeping one set of evidence standards across teams.

Birds Eye Investigations

Send Us the Claimed Limitations

Call or text (629) 310-8667 or email contact@delatorgroup.com. Birds Eye will design coverage that tests the statements that matter in the file.

Photography: Vitaly Gariev (Unsplash License). Last reviewed . General information, not legal advice.