Using Video Surveillance Footage As Evidence In A Personal Injury Case

Few people know that the ICBC is actually employer to many surveillance companies across all of British Columbia. While unnecessary in straightforward cases, there are also some personal injury cases in which an insurance adjuster will hire investigators to obtain surveillance footage of you as proof that your injury is not as severe as you claim it to be.
However, since ICBC adjusters will also be judged based on the height of their allocated expenses, they will try to circumnavigate the need for obtaining such footage in order to reduce their expenses.
When will the ICBC try to use surveillance footage against me?
Following an accident which left you injured, there is a certain period of time during which it is deemed appropriate of you to take time off from work. However, after a few months have passed, the likelihood of you being filmed increases significantly. Another reason for increased likelihood is when your claim begins to grow in size. This is because bigger claims are quick to end up in the ICBC’s so called high complexity files. Cases that could cost them more make the ICBC queasy, which is why they will become more likely to invest the money into an investigator who will obtain footage of you performing tasks they deem to be impossible due to your claimed condition.
How do I spot an ICBC investigator?
While there is generally no need for paranoia, it is absolutely understandable that the thought of being follow and filmed may put a person on edge. Things to watch out for when it comes to ICBC investigators are vans parked near you for extended periods of time. Extended periods here mean for hours at a time. When that van begins to follow you, this should be taken as a big red flag.
Talk with your Car Accident Lawyer Kelowna if this is the case and they would be able to help you. They understand that any wrong move can jeopardize your claim.

Barapp Law Firm BC

202D-5309 Main St
Kelowna, BC V1W 4V3
Directions to our office
778-760-2913

Is video surveillance even legal?
In British Columbia, video surveillance is by no means illegal, though there are certain policies which have been put into place over the years. However, these policies are barely limiting to the ICBC investigators since they are still within their rights when it comes to encroaching on your privacy. The only real limitations put upon these investigators are that they are not allowed to film you while you are inside your home or near places heavily frequented by children, such as playgrounds.
What is the purpose of video surveillance?
Video surveillance is used by the ICBC to discredit you. When you have informed a medical healthcare provider, or the ICBC directly, that you are unable to perform certain tasks due to your injury, an investigator is hired to catch you perform these tasks.