Insurance Surveillance Laws in New Mexico
Are Insurance Companies Allowed to Spy on You? Understanding Insurance Surveillance Laws in NM
After a car crash or other serious accident, you may assume the hardest part is recovery. But many injury victims are surprised to learn that insurance companies often conduct surveillance after a claim is filed. These investigations are designed to find evidence that reduces or denies compensation. Understanding insurance surveillance laws in New Mexico can help you protect your privacy and your case.
Why Insurance Companies Use Surveillance
Insurance providers have one goal: to limit payouts. After a personal injury claim is submitted, they may hire private investigators or use other monitoring tactics to look for signs that your injuries are exaggerated or unrelated to the accident.
Common reasons insurers start surveillance include:
- Suspicion that your injuries are not as severe as claimed
- Large or complex claims involving long-term medical care
- Conflicting statements in medical records or depositions
- Delays in reporting or treatment
While this may sound invasive, surveillance itself is legal under certain conditions, as long as it follows New Mexico insurance surveillance laws and privacy regulations.
What Insurance Companies Are Legally Allowed to Do
In New Mexico, insurers and investigators may observe you in public spaces. That means they can:
- Take photographs or videos in public areas, such as parking lots or sidewalks
- Monitor your social media posts and online activity
- Follow you to public events, stores, or job sites
However, investigators cannot trespass, record conversations without consent, or invade private property. Entering your home or photographing through your windows violates both state and federal privacy laws.
How Surveillance Can Affect Your Case
Surveillance footage is often used to challenge credibility. Even normal activities, such as carrying groceries, walking your dog, or attending a family gathering, can be taken out of context to suggest you are not injured. Insurance adjusters may use short video clips to argue that your pain is exaggerated or that you are capable of working.
This can be especially damaging in cases involving soft-tissue injuries or chronic pain, where visible evidence is limited. Once this footage is introduced, it can influence settlement negotiations or even a jury’s perception at trial.
Common Types of Insurance Surveillance
Insurance companies use several methods to collect evidence:
- Video surveillance: Long-lens cameras or discreet mobile recording from parked vehicles near your home or workplace.
- Social media monitoring: Reviewing Facebook, Instagram, and other accounts for posts, tags, or photos showing activity levels.
- Background checks: Searching for prior claims, lawsuits, or inconsistent statements.
- Online tracking: Reviewing public records or professional profiles to find employment or travel activity.
While these tactics can feel invasive, knowing what to expect helps you avoid unintentional mistakes.
How to Protect Yourself After Filing an Injury Claim
If you suspect you are being watched, or even if you are not sure, take precautions to safeguard your case:
- Limit social media use. Avoid posting photos, updates, or comments about your injury, travel, or daily activities.
- Stay consistent. Follow your doctor’s instructions and avoid doing anything that contradicts your medical restrictions.
- Be cautious in public. Remember that investigators can film you in public places.
- Do not confront investigators. Any interaction can be misinterpreted.
- Contact your attorney immediately. They can verify whether surveillance is taking place and guide your next steps.
The Role of Your Attorney
A knowledgeable personal injury attorney helps protect you from unfair surveillance tactics. At Egan Law Offices, we ensure that your rights are respected under New Mexico insurance surveillance laws. Our team monitors insurer behavior, advises clients on what to avoid, and challenges any misleading evidence introduced during settlement or trial.
We also communicate directly with insurance companies to keep interactions professional and documented. If surveillance footage is used improperly or obtained illegally, we can move to have it excluded from your case.
Why Local Representation Matters in Las Cruces
Insurance investigations often rely on local familiarity, like knowing where you live, work, or spend time. A Las Cruces personal injury lawyer understands the community, court procedures, and common defense tactics used by insurers in Southern New Mexico. Having local counsel ensures your rights are protected both legally and strategically.
Talk to Egan Law Offices Today
If you believe you are being watched after an accident or have questions about insurance surveillance laws in New Mexico, contact Egan Law Offices today. Our experienced team represents injury victims in Las Cruces and throughout Southern New Mexico, helping clients recover fair compensation while protecting their privacy.
Schedule a consultation to learn how we can help safeguard your case from unfair insurer tactics.