Are You Being Watched? (Video Evidence)

By Richard Paremain

If you have suffered injuries in an accident then chances are that there are a number of activities you find impossible or difficult.  To support your claim for compensation we hope to obtain medical evidence confirming the injury but by the same token the Defendants' insurance company would like nothing better than to catch you out.

One of things the Defendants' insurance company may do to try to keep the compensation they pay you to a minimum is to have you videoed by a Private Detective.  In days gone by insurance companies rubbed their hands together at the prospect of showing an apparently disabled claimant doing cart wheels on the front lawn with the children to a disbelieving court.  Although evidence of this nature produced late in the case can shatter a claimant's credibility.  Surprisingly, there are claimants who malinger or exaggerate the affects of their injury and even those who would go so far as to lie about their injury.  It is quite possible that you will be videoed, but please do not worry, any claimant who is honest and gives a full and complete account of injuries to those representing them and their doctors has absolutely nothing to fear.

Certain claimants are more likely to be the subject of the surveillance than others.  Typically it is  somebody suffering from a back injury, but potentially any muscular or skeletal injury with serious consequences will put an insurance company on its guard.

There is very little that the law can do to stop an insurance company from carrying out such surveillance.  Whilst you might find it slightly disconcerting if you are aware of it going on a sense of  proportion should be maintained.  Surveillance can, in actual fact, often assist a claim by confirming the claimant's account, in which circumstances settlement of the case is helped because the insurance company  know that they are dealing with a genuine claim.

If at any stage during your claim you think you are under surveillance it would assist if you could inform us.  If we can obtain video evidence from the Defendants which shows that you are being genuine about your injury or, we are aware of additional video evidence that the Defendants have, there may be something in that which actually assists and supports your claim.  In those circumstances take the car number or a description of the car/van or the people you think are undertaking the video so that we can make our own enquiries and actually obtain the Defendants video evidence to assist our case.

Fortunately, on the basis of the current law, video evidence upon which the Defendants insurance company chooses to rely has to be shown to us a considerable time before trial.  You do not have to worry about turning up at court to find yourself being shown on a TV screen without warning.

The genuine claimant has absolutely nothing to fear from video surveillance but please let us know if  you think you are being videoed because it might assist us in turning the tables on the Defendants and  using their own evidence against them.