Can they secretly film me?

I have solicitors acting in a compensation claim for injuries caused by a motorbike accident in 2023, but they are not motorcycle specialists.  I am a plasterer and my injuries stopped me from working for 8 months, but I was able to continue some hobbies and gardening.  My lawyer has now told me the other side has video footage of me working in my garden, which they say shows that I have exaggerated how badly injured I was. They have invited me to withdraw my claim. Is this something to worry about?
Richard H, address withheld

Answer

Surveillance filmed from a public place is not illegal and there is little one can do to prevent an insurer carrying out surveillance or to object to its use in the case.  Surveillance is often obtained by insurers in personal injury cases involving more serious injuries, because the value of compensation can be reduced if the footage shows that the injuries and limitations are not as severe as claimed. A claim can even be completely dismissed if a judge finds that a claimant has been dishonest or has fraudulently exaggerated their injuries.

Claimants can be reassured that if they are honest and consistent when reporting the impact of their injuries then surveillance is unlikely to harm their claim. Sometimes surveillance even helps to show the day to day impact of a claimant’s injuries. You should ask your solicitor to ask for the unedited footage and the witness statements of the people who took the footage.