The results are in: according to a survey of 250 GPs, whiplash has been classified as the most commonly exaggerated personal injury claim made by patients to their insurance companies.
92 per cent of GPs indicated on a recent survey conducted by an insurance company that injury claims are exaggerated by their patients. This necessitates insurance companies to carry out a high degree of covert observation in personal injury compensation claims that involve the potential for high monetary values.
When insurers are suspicious that the extent and nature of a patient’s injuries have been fraudulently exaggerated, surveillance is usually the one way they can combat fraud. While no clandestine activities are legal in the home of the injured party, the law permits surveillance in public places. Only the court can decide to permit the inclusion of surveillance evidence. However personal injury lawyers for both the defendant and the claimant must ensure that the accident claim is a genuine one before it reaches court. This way the time of the court is not spent wastefully.
Courts will only permit video surveillance if the quality of the video is good, if it is supported by an investigating agent’s testimony that reconciles it with a written account of the survieillance, and if it is presented in chronological order. The evidence will incur costs and be deemed inadmissable if the defendants neglect to comply with these requirements.
Dishonest claimants will be ordered to pay costs as well, in addition to being subject a reduction in or an outright denial of their compensation award. Claimants should not claim an inability to perform an action which they are capable of performing, and should also ensure that all the facts they enter on their claim form are as accurate as possible.