Surveillance
Surveillance Assertions and NCS Zap Responses
1. Adjuster Assertion: Surveillance shows the claimant performing activities inconsistent with their reported injuries.
Zap Response:
"Surveillance footage must be evaluated in context. Brief video clips do not capture the claimant’s overall limitations or pain levels. The treating physician’s medical records remain the most reliable source of evidence, as they are based on ongoing observation and treatment. Please specify how the footage contradicts documented medical findings."
2. Adjuster Assertion: Surveillance proves the claimant is exaggerating their injuries.
Zap Response:
"Allegations of exaggeration must be supported by expert medical opinions, not isolated video clips. Treating physician records document the claimant’s condition comprehensively, and surveillance cannot override these medical findings. If you have contradictory medical evidence, please provide it for review."
3. Adjuster Assertion: The claimant’s observed activities indicate they have recovered fully.
Zap Response:
"Physical activity captured on surveillance does not equate to full recovery. Many claimants manage their symptoms intermittently and may perform certain tasks on good days while still experiencing significant limitations overall. Treating physician assessments remain the most credible evidence of the claimant’s recovery status."
4. Adjuster Assertion: Surveillance contradicts the claimant’s pain and suffering claims.
Zap Response:
"Pain and suffering are subjective and cannot be definitively measured by surveillance. The claimant’s documented daily limitations, quality-of-life impacts, and medical findings outweigh any assumptions drawn from isolated surveillance footage. Please provide details on how the footage contradicts specific aspects of the claim."
5. Adjuster Assertion: The surveillance is admissible evidence disproving the claim.
Zap Response:
"Admissibility of surveillance footage depends on its accuracy, context, and relevance. Footage must align with legal standards for proportionality and fairness. Additionally, medical evidence from treating providers remains more reliable and credible than surveillance conducted under unknown circumstances."
6. Adjuster Assertion: Surveillance suggests the claimant has misrepresented their injuries.
Zap Response:
"Misrepresentation claims must be substantiated with clear, consistent evidence. Treating physician documentation and medical records demonstrate the claimant’s condition and limitations over time. Surveillance alone is insufficient to contradict ongoing medical findings without further expert analysis."