Recently, the Queensland Supreme Court ordered the Australian Motor Vehicle Accident Insurer, QBE Insurance, to provide copies of the surveillance reports undertaken by their investigators.
It’s not unusual for a car insurer involved in a Brisbane, Gold Coast or Queensland motor vehicle injury claim, to request and pay for a surveillance report of the person who has been injured.
However, prior to a legal decision made in 2018, road accident insurers typically used an exception called “legal professional privilege”. This meant the could avoid disclosing surveillance footage and reports to injured claimants.
What’s In A Motor Vehicle Injury Insurance Surveillance Report?
Car insurer surveillance reports show evidence of the extent of your Motor Vehicle accident injuries and your rehabilitation. Often there are two types of surveillance;
Basic surveillance: This will include common information found about you online, or in public records. It can also include social media accounts such as Facebook, Twitter and Instagram.
Extended surveillance: In some cases it may include monitoring a person’s rehabilitation activities, including filming or taking photographs. Thankfully these are required to be disclosed that they exist, in accordance with the Motor Accident Insurance Act 1994
Why Do My Motor Vehicle Injury Insurers Need Surveillance Reports?
If you are making a compensation claim for a spinal or other back injury, and then are seen playing football or dancing, it won’t help your claims strength.
If you are claiming compensation for serious psychological injuries, then posting drunken party pictures on Facebook or Instagram won’t help your claim’s presentation.
The good news is, most claims are real and the surveillance only truly capture the dishonest. And so in most cases the surveillance captures clients resting, recovering, and normally on the road to getting better.
Surveillance may also help support your claim, which is why it’s good news to get full access to what has been captured.
How Do The Insurance Surveillance Reports Affect My Car Or Motor Vehicle Injury Claim?
If you have suffered a car injury due to someone else’s negligence, then you may be entitled to compensation. As your personal injury lawyers and appointed law firm, we can request a copy of this surveillance. It may then assist in us in getting the most for your compensation claim.
An exception to accessing the report will remain where a suppression order has been granted by a Court. This occurs when where there are reasonable grounds to suspect a claimant has committed fraud.
Disclosure of the report would further any fraud. Therefore this may alert the injured car accident victim to this suspicion.
Are Car Accident Insurers Compensation Claim Surveillance Reports Legal?
If an investigator is undertaking surveillance in a public place and not on private property, then the surveillance is fully legal. If you were to notice an investigator, or they should harass you in a private place such as your home, then you’d be within your rights to contact the police.
I Only Had A Minor Car Accident And Some Whiplash, Can I Still Make A Compensation Claim?
Even minor Motor Vehicle accidents can cause injuries that result in a payment of compensation. If you’ve been injured in a Motor Vehicle accident, our Brisbane and Gold Coast Lawyers can assess your claim quickly.
Whiplash injuries can often cause more issues over time. This could be hiding more severe symptoms such as Brain Injuries, so it’s important to assess your claim with our Lawyers as soon as possible.
Are There Time Limits On My Car Accident Compensation Claim?
Yes. There are very strict time limits that apply to making a claim for personal injuries in Queensland. If you are claiming compensation for injuries in a Motor Vehicle accident, then the time limits required state:
You must give the people you consider to be at fault, notice of your claim within 9 months of the injury occurring.
Or within 1 month of your consultation with a Lawyer in relation to your claim, whichever occurs first.
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