Surveillance evidence in injury claims

In plain English: surveillance evidence is video, photos or notes an insurer or defence lawyer collects by watching you, usually through a private investigator, to check whether your injuries match what you've told them.

When insurers use it

Surveillance is most common in larger claims: serious back or neck injuries, chronic pain, brain injuries, and anything involving a big loss-of-earnings claim. It often happens around key dates, such as just before a medical examination, a deposition, mediation or trial. Investigators film in public places: your driveway from the street, a supermarket car park, a gym entrance or a kids' football match. Many also review public social media.

What it can and can't prove

Footage shows a few minutes of your life. It doesn't show the pain afterward, the painkillers you took first, or the two days in bed that followed. Courts know this. A clip of you carrying shopping doesn't disprove a back injury if you've always said you can manage light tasks on good days.

Surveillance becomes damaging when it contradicts something specific you've said. If you told a doctor you can't lift anything and you're filmed carrying a heavy box, the problem isn't the box. It's the inconsistency. That's why honest, specific descriptions of your limits ("I can do light shopping, but I pay for it the next day") protect you far better than general statements like "I can't do anything".

How it's used in court

• Disclosure. Most courts expect surveillance to be disclosed to the other side before trial, although the timing rules differ. In England and Wales, late disclosure can lead a judge to refuse to admit it. In the US, rules differ by state and federal court.
• Authentication. The investigator may have to give evidence about when, where and how they filmed, and whether the footage was edited.
• Context. Your lawyer can show the full, unedited footage, your medical records and your own account of that day.
• Lawfulness. Filming in public is usually allowed. Trespassing, filming inside your home or pretending to be someone else to get access can make evidence inadmissible and may be unlawful.

How to protect a genuine claim

• Describe your limitations accurately and consistently to every doctor, insurer and lawyer, including what you can do.
• Assume anything public on social media will be seen. Set accounts to private and don't post about the accident or your activities.
• Keep a diary of good and bad days so you can explain any single day that is filmed.
• Tell your lawyer if you think you're being followed. Don't confront the investigator.

Related: independent medical examination · chain of custody · discovery.

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