If you wear a Fitbit you’re probably familiar with how much data your Fitbit knows about you – your sleep and exercise patterns, your heart rate, number of steps, distance travelled, frequency of exercise, speed, body temperature and location to name just a few.

What you might not realise is how this data may affect your personal injury claim.

If you have a compensation claim typically the profession has relied on doctors, clinical notes and other witnesses to provide evidence about your injuries. However, the data from fitness devices (Smartwatches, Fitbits) and health and fitness apps (like RunKeeper, MyFitnessPal, Strava etc.) may now also be used to support your case in a personal injury matter.

For example, imagine you are involved in a motor vehicle accident. You weren’t at fault, so you have commenced a claim for compensation in Court. As part of those proceedings you claim that the injuries you sustained have prevented you from exercising in the way you did before the accident. If you had been wearing a fitness device and recording each of your walks up Mt Ainslie, or each of your bike rides in the months leading up to the accident, this data may be able to support your case in Court.

The converse of this also true: the data from fitness devices could discredit you. Insurers may request a formal Court order for data from your fitness device data – showing just how much you exercised (or how little).

This is an evolving area with technology. Just as we have seen Court orders been issued for records of your Facebook history, it may now become commonplace to compel disclosure of data from your fitness device. This data will only become even more insightful for Courts as the technology becomes more sophisticated.

If you have a personal injury claim, make sure you have a solicitor who is up to date with how the latest technology can affect your claim. Contact our expert team at Chamberlains for an obligation free appointment; we’re with you.

 

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