Are Hidden Cameras Legal for Insurance Investigations in Florida?

If you’ve filed a personal injury claim in Florida, you may wonder whether insurance companies can legally use hidden cameras to investigate your activities. Insurance fraud is a legitimate concern for insurers, and they often conduct surveillance on claimants to verify the extent of reported injuries. However, Florida law protects individuals from certain invasive surveillance practices, and understanding these boundaries is essential if you’re pursuing compensation after an accident.

At The Law Offices of Scott Sobol, we represent injured individuals throughout South Florida who are navigating the complex insurance claims process. With over 20 years of experience handling personal injury cases, Scott Sobol understands the tactics insurance companies employ during claim investigations. If you have concerns about surveillance or your claim is being challenged based on investigative findings, contact us to discuss your rights and options.

Florida’s Two-Party Consent Law for Audio Recording

Florida Statute 934.03 establishes strict requirements for recording conversations. Florida is a “two-party consent” state, meaning all parties involved in a conversation must consent to audio recording. This law applies whether the conversation occurs in person, over the phone, or through electronic communication. Violating this statute is a third-degree felony, punishable by up to five years in prison and substantial fines.

This law significantly limits how insurance investigators can conduct surveillance. While they may use hidden cameras to record video footage of your activities, they cannot legally record audio of your private conversations without your knowledge and consent. For example, if an investigator places a hidden camera near your home that captures you talking with family members on your porch, the audio portion of that recording violates Florida law. However, visual surveillance without audio recording generally falls outside this statute’s restrictions.

When Video Surveillance Without Audio Is Permitted

Insurance companies can legally conduct video surveillance of claimants in public places where there is no reasonable expectation of privacy. If you’re walking through a grocery store parking lot, attending a public event, or doing yard work visible from the street, investigators can record these activities. The footage can potentially be used to challenge claims about the severity of your injuries or your limitations in daily activities.

Courts have consistently held that individuals have no reasonable expectation of privacy when engaged in activities visible to the general public. An investigator sitting in a vehicle on a public street and recording you as you retrieve your mail or load groceries into your car is generally acting within legal boundaries. Insurance companies often use this type of surveillance to look for inconsistencies between what you report about your injuries and what their footage shows about your physical capabilities.

Areas Where You Maintain Privacy Expectations

Florida law recognizes that certain locations deserve stronger privacy protections. You have a reasonable expectation of privacy inside your home, and investigators cannot use hidden cameras to record activities occurring within your residence. Similarly, your backyard, particularly if enclosed by a fence, is considered a private area where surveillance becomes legally problematic. Recording someone inside their home or in other private spaces may violate Florida’s video voyeurism laws under Florida Statute 810.145.

Medical facilities, therapy sessions, and similar settings also maintain strong privacy protections under federal HIPAA regulations and Florida law. Insurance investigators cannot place hidden cameras in medical offices or record your conversations with healthcare providers. If you discover that an insurance company obtained video or audio recordings from private locations without proper consent, this evidence may be inadmissible in court proceedings related to your claim.

How Insurance Companies Typically Conduct Surveillance

Insurance investigators use various methods to monitor claimants while staying within legal boundaries. They often conduct surveillance from public areas, using telephoto lenses to capture activities from a distance. Investigators may follow claimants to document trips to stores, appointments, recreational activities, or social gatherings. They review social media accounts for posts, photos, and videos that might contradict injury claims.

Some insurance companies hire private investigators who specialize in surveillance operations. These professionals understand the legal limitations and typically focus on capturing video evidence in public settings. They may observe your daily routine over several days or weeks, looking for patterns that suggest you’re more physically capable than your injury claim indicates. For instance, if you’ve claimed a severe back injury prevents you from lifting objects, but surveillance shows you loading heavy boxes into your vehicle, the insurance company will likely use this footage to challenge your claim.

What to Do If You Suspect Illegal Surveillance

If you believe an insurance investigator is conducting surveillance that violates Florida law, document everything you can about the suspected activity. Note dates, times, and specific circumstances when you noticed surveillance. If you see unfamiliar vehicles parked near your home repeatedly or notice individuals appearing to follow you, record these observations. Take photographs of suspicious vehicles or individuals if you can do so safely.

Contact an attorney immediately if you suspect illegal surveillance. An experienced personal injury lawyer can investigate whether the insurance company or its investigators violated Florida law. If illegal surveillance occurred, the evidence obtained may be inadmissible in court, and you may have grounds for additional legal action against the insurance company. Florida law provides remedies for individuals whose privacy rights have been violated, including potential civil liability for those who conduct unlawful surveillance.

Protecting Yourself During the Claims Process

Understanding that legal surveillance may occur should inform how you conduct yourself while pursuing an injury claim. Be honest and consistent in all statements you make about your injuries and limitations. If you tell your doctor you cannot lift more than 10 pounds but surveillance captures you lifting a 40-pound bag of dog food, this inconsistency will severely damage your credibility. Avoid exaggerating your injuries or limitations, as even legal surveillance can reveal discrepancies that hurt your case.

Be mindful of your social media presence during the claims process. Insurance companies routinely review Facebook, Instagram, and other platforms for information about claimants. A single photo of you engaging in physical activity that seems inconsistent with your claimed injuries can provide ammunition for the insurer to deny or reduce your claim. Consider adjusting your privacy settings and limiting what you post publicly until your case resolves. Remember that even “private” posts may become accessible through legal discovery processes.

How The Law Offices of Scott Sobol Protects Your Rights

Navigating insurance investigations requires understanding both your rights and the tactics insurers employ to minimize payouts. At The Law Offices of Scott Sobol, we have successfully represented more than 1,000 clients throughout South Florida in personal injury matters, securing substantial compensation for accident victims. Scott Sobol brings over two decades of experience to every case and maintains admissions to the State Bar of Florida, Illinois, and Texas.We operate on a contingency fee basis, which means you pay no upfront costs and no attorney fees unless we recover compensation for you. If you have concerns about insurance surveillance or your claim is being challenged based on investigative findings, reach out to us today for a free consultation to discuss your case and protect your legal rights.

LEGALLY REVIEWED BY:
Scott Sobol
January 15, 2026

Scott Sobol is a dedicated personal injury attorney with over two decades of experience representing injured clients across South Florida. He has handled more than 1,000 cases involving serious car accidents, unsafe premises, and denied insurance claims. Known for his client-focused approach, Scott prioritizes open communication to guide clients confidently through complex legal challenges. Licensed in Florida, Illinois, and Texas, his extensive knowledge of the law ensures a strong pursuit of justice for those affected by negligence.

• Fact Checked
• Editor