How smartwatches can help with personal injury claims

Think that little gadget can just track your sleep? Think again. Your smartwatch can actually provide crucial evidence in a personal injury claim.

Evidence in personal injury claims is no longer limited to witness statements, medical records and expert reports. Road traffic and cycling accident claims in particular are increasingly being supported by digital evidence such as dash cams, cycle helmet cameras and wearable technology. In this blog, our personal injury lawyers explain how smartwatches can help establish liability in claims.

Can my smartwatch help prove my personal injury claim?

When a lawyer is gathering evidence to support a claim, they look at a range of different sources. The most common and effective forms of evidence to build a claim include:

• Witness statements
• Medical reports
• Financial loss evidence
• Photographic evidence
• Video evidence, e.g. CCTV

With ever-developing technology, personal injury lawyers can now use data from devices that are either on, nearby or belong to the injured party, such as dash cams, in-vehicle apps, video doorbells and smartwatches or fitness trackers.

It’s not just lawyers who benefit from wearable technology. Insurers now see evidence generated by mobile phones, social media accounts and smartwatches, and consider it as useful as the ‘traditional’ sources mentioned above.

But smartwatches aren’t just useful in terms of ‘recording’ a claimant’s movements at or around the time of their accident; data can also be used to demonstrate a change in their lifestyle as a result of their injuries.

For example: if someone walked two miles to work and back every day before their accident, and then the data shows that this has stopped or drastically reduced, it can help demonstrate to the other side (the defendant) the impact of their injuries.

What data can be used as evidence?

Many smartwatches, wearable fitness trackers and apps provide detailed data about a person’s movements, location, behaviours and lifestyle, and much of this can be useful when building a case.

Common examples of where smartwatches can be used as evidence include:

• Recording a cyclist’s speed
• Showing the exact time of impact, with speed reducing to zero
• Providing GPS tracking
• Pre- and post-accident data, e.g. a drop in daily step counts or exercise frequency
• Sleep tracking to show disturbed sleep as a result of the accident and related trauma

Can the defendant’s smartwatch be used as evidence?

Yes. The defendant’s smartwatch or app can be used as evidence if the data is relevant and legally obtained. The data must also be shown to be reliable.

For example, GPS data, activity records or speed information could help establish the defendant’s movements in the moments leading up to an accident. In a road traffic accident or bike accident claim, this information may help corroborate witness accounts, establish a timeline of events or highlight inconsistencies between the defendant’s version of events and the available evidence.

However, access to this data is not automatic, and its usefulness will depend on:

• The circumstances of the accident;
• The information recorded by the device; and
• Whether the data can be authenticated.

A solicitor can advise on whether it may be possible to obtain relevant data from the defendant and how it could support the claim.

What other technology can be used to support personal injury claims?

While ever-evolving technology can seem overwhelming, there is no doubt that it’s useful in personal injury claims. In addition to smartwatches, these digital technologies can help strengthen evidence and build a more detailed picture of an accident’s circumstances.

• Fitness trackers, e.g. Fitbit
• Fitness apps, e.g. Strava and Garmin Connect
• Smart jewellery, e.g. Oura rings
• Built-in vehicle apps and telematics
• Dash cams
• Bike and helmet cameras
• GPS data from smartphones
• Video doorbells, e.g. Ring

Is there a risk to my privacy?

Wearable devices can contain sensitive information related to your health and lifestyle, and some of that may be classified as personal data under data-protection law. However, your data will only be shared if there is a legitimate reason, and only what is relevant. Disclosing your smartwatch data as evidence does not mean your entire health record will go into the public domain.

There are safeguards in place to ensure that personal data is handled appropriately during a claim. You may be asked to provide relevant smartwatch data as part of the evidence-gathering process, but this does not automatically give the other party unrestricted access to all the information stored on your device. The scope of any disclosure will depend on the circumstances of the claim and the relevance of the data requested.

Contact us about making a personal injury claim

If you’ve been injured and are wondering if you might be able to claim compensation, get in touch. Our personal injury lawyers have years of experience in helping injured people recover the compensation they need to move forward.

Call our friendly team on 0117 325 2929 or fill out this enquiry form.