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Surveillance after bike injury claim

I have a personal injury claim following a motorcycle accident in 2018. I was badly injured and I was off work for nearly a year. Although my injuries have hampered my hobbies I have continued to work on my bikes and DIY projects. Last week my solicitor called me to say the Defendant has surveillance footage of me working in my open garage. They say that this shows that I am not as injured as I claim to be. Can I do anything to stop them?
Clive, Scunthorpe


Surveillance filmed from a public place is not illegal but the agents are not permitted to trespass onto private property.

There is not much a legal representative can do to prevent an insurer carrying out surveillance or objecting to its use in court. It is a widely used tool by Defendants in personal injury cases because if the footage shows that the extent of the claimant’s injuries is not as severe as they have suggested, the value of a claimant’s compensation can be reduced. A claim can even be completely dismissed if a judge decides the claimant has been dishonest and fraudulently exaggerated the injuries and their impact.

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 claims. Sometimes such surveillance even helps to show the day to day impact of the claimant’s injuries.

Make sure your solicitor requests the unedited footage and agent witness statements.



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