Spied on in my garage
I have an ongoing personal injury claim after my motorcycle accident in 2021. As a result of the accident I was off work for 6 months. Although my injuries have restricted my hobbies I have continued to work on my classic bikes and home DIY. Last week my solicitor called me to tell me that the 3rd party insurer has video of me working in my garage. They say that this shows that I am not as badly injured as I claimed. Is this allowed?
David, Sevenoaks
Answer
Surveillance filmed from a public place is not illegal but the agents are not allowed to trespass onto private property.
There is not much we can do to prevent an insurer carrying out surveillance or object to its use in litigation. Surveillance is frequently used by insurers in personal injury cases because if the footage shows a claimant’s injuries are not as severe as they have stated, the value of a claimant’s compensation can be reduced. A claim can even be completely dismissed if a judge finds the claimant has been dishonest or has fraudulently exaggerated the injuries.
Claimants can be assured 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.
I suggest you ask your solicitor to request the unedited footage and the witness statement(s) of the person who took the footage.
