Surveillance footage in personal injury claims
By Zarina Ahmed Published: Jan 4, 2011
A leading insurance company has reported that in the last two years GPs have seen a rise in the number of patients exaggerating their injuries.
Ninety two per cent of the 250 GPs who took part in a survey conducted by the insurer said whiplash was the most commonly exaggerated injury.
Who’s at risk?
Where there’s a potential for fraud in a high value personal injury claim, or cause to suspect the nature and extent of injuries during a claims process, the defendant’s representatives may seek targeted covert surveillance videos and employ an enquiry agent to track claimants going about their daily routine. They may then use this evidence in court to expose malingering, exaggerating, or fraudulent claimants.
Is there a place for surveillance evidence?
It’s the duty of the claimant’s and defendant’s lawyers to ensure every claim is genuine and that the court is not mislead or its resources wasted. The court will consider the extent to which the parties would be prejudiced when deciding whether to allow surveillance evidence.