CAR ACCIDENT VICTIMS UNDER VIDEO SURVEILLANCE BY INSURANCE CO.
Car accident victims have plenty to be concerned about. First, there is the trauma of the car accident itself. Second, there are the injuries that the victim suffers in the accident. Third, there are the medical treatment and therapy that the victim will endure. Finally, the victim may lose income from not being able to work.
As if all of the above items were not enough, car accident victims who file personal injury claims also must be concerned that their daily activities are under surveillance. By whom? By the insurance company lawyer who is trying to deny their claim.
This fact is illustrated by a recent New Jersey court case. An insurance company lawyer representing the parties who had allegedly caused a car accident put the victim under surveillance. The lawyer had the surveillance recorded on video.
The lawyer for the accident victim requested to see the surveillance video before the car accident victim first gave testimony. But the insurance company lawyer refused to turn over the video.
Unfortunately for the victim, an appeals court ruled on September 3, 2015 that the video did not have to be turned over until after the testimony concluded. Obviously, the lawyer hired by the insurance company to represent the parties accused of injuring the car accident victim hoped that the victim’s testimony would contradict what was on the video.
I respectfully disagree with the court’s decision. Evidence is normally turned over prior to testimony. Video surveillance should not be an exception.
What You Should Do After an Accident
Nonetheless, if you are the victim of a car accident, you actually have little to fear from surveillance. As long as you always tell the truth about your injuries and activities, all should be OK. Just never exaggerate.
Most importantly, you should retain an experienced personal injury attorney immediately after an accident to assist you with your claim. The attorney will advise you on the many complicated issues that may arise. Video surveillance among them.
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