I was filmed by the insurance company

I am pursuing a compensation claim through solicitors for multiple fracture injuries I sustained in a motorbike accident in 2024. I was unable to work for nearly a year while recovering. Although my injuries stopped me from working as a plumber, I was still able to carry out some hobbies and light gardening. My solicitor has informed me that the opposing party has obtained video footage of me in my garden, which they claim suggests I have overstated the severity of my injuries, and they have invited me to withdraw my claim. Should I be concerned?

John D, Reading

Answer

Surveillance carried out from a public place is generally lawful, and there is limited scope to prevent an insurer from undertaking such activity or relying on it as evidence. Insurers frequently use surveillance in personal injury claims, as footage indicating that a claimant’s injuries or limitations are less severe than alleged can lead to a reduction in compensation. In more serious cases, a claim may be dismissed entirely if a court concludes that the claimant has been dishonest or has deliberately exaggerated their injuries.

That said, claimants who are honest and consistent in describing the effects of their injuries should not be unduly concerned. In some cases, surveillance material can even support a claim by illustrating the claimant’s day-to-day difficulties. You should ask your solicitor to obtain the full, unedited footage, as well as any witness statements from those who conducted the surveillance. We often find that the unedited footage paints a different picture.