Your tricky legal questions answered

Are they allowed to film me?

‘They say it shows my injuries are not that serious’

I am pursuing an injury claim following an accident I had in 2016. I was seriously injured and off work for over 12 months. I have always liked to keep busy and although my injuries have curtailed my hobbies, I am still often found working on my vehicles or DIY projects. Last week my solicitor called to say the defendant had obtained footage of me working in my open garage. They say this shows that I am not as injured as I claim. To my mind it is an invasion of my privacy, can I do anything to stop them?

Ben, Manchester

Although the Human A Rights Act 1998 does protect your right to privacy, this only applies to public authorities and surveillance carried out by a privately instructed agent filmed from a public place is not illegal. The agents are not permitted to trespass, but more often than not the claimant has very little idea they are even being filmed. There is little a legal representative can do to prevent an insurer carrying out surveillance or objecting to its use in court. If the footage shows that the extent of the claimant’s injuries is not as severe as has been suggested, the compensation can be reduced or even struck out. The best advice for claimants is to make sure that they are always honest and consistent about the impact of their injuries. As long as this is the case the footage will have little to no impact.