These days it is easier than ever to film somebody on a mobile phone without their knowledge. Covert surveillance is often used in personal injury claims by insurance companies in their defence of compensation claims.
Insurance investigations use video surveillance to help assess the veracity of a persons’ compensation claim. For example, if a person making a claim alleges they cannot work, but is later caught on film working on a construction site, then the insurance company would use the video to dispute the persons claim.
When undertaking the video surveillance, the investigator must abide by the law. They cannot breach a person privacy by peeking through a window or trespassing onto someone’s property. However, in any public setting, a person is fair game and you might be filmed at the supermarket, picking your kids up from school or pottering in your front yard.
The insurance company may use video footage to show that a person is exaggerating or making up their injuries, if the film shows a person acting inconsistently with what they have claimed. This type of footage directly impacts on a persons credit, and if established, can have a ripple effect through the entire claim.
Video is only one of the pitfalls for a person making a personal injury claim. You need an experienced lawyer to advise you on all aspects of your personal injury claim. If you would like some advice on where you stand please feel free to call us or make an enquiry online.