For the claims attached to nanny cam footage, the homeowner may have a right to reclaim the files depending on the circumstances and how much the insurance carrier needs when completing the claim. Some homeowners may copy the footage for their records to keep in case there is a problem in the future or with the current claim.
What Is a Nanny Cam?
While the term nanny cam could mean practically anything, the general object is a camera placed in a hard to detect location such as in a corner, a nook within a wall or inside of a teddy bear. These cameras capture action through a live feed or a recorded monitoring of movement in a certain room or point of view based on the movement in the room. The camera may have a backup that records the action, or the owner may have footage stored for up to so many days or hours depending on the type of set up. The parent or owner will use the footage to protect others or property.
Homeowner’s Insurance Claim
The nanny cam has other uses within the house such as to protect the owner from burglary or from those attempting to harm anyone in the house. For injury or property damage, the homeowner will generally need to file a claim through his or her homeowners’ insurance policy. The carrier will process the claim and use the footage as evidence of the problem to provide a settlement based on the coverage within the policy. Once everything completes, the homeowner will receive the necessary compensation to take care of the issue and recover fully. In some instances, the compensation will provide for medical treatment for injury or replacement equipment within the house.
Relinquishing the Footage
When the homeowner must file a claim with his or her insurance company, the claim usually requires the footage to back up the claim. This form of evidence is usually sufficient enough to progress the claim into the offer or settlement phase. At that point, the homeowner is only waiting for the matter to complete. However, the carrier may request the footage rights and to use the evidence to finalize the claim without involving anyone else than the local law enforcement to decrease possible news about the incident. If the homeowner has rights to the footage, the company may want him or her to give up these rights.
Installing and Using the Nanny Cam
It is legal in every state in the country to use a nanny cam installed into the home that provides video only. The homeowner is even able to accomplish this without informing anyone that enters the property or even those that live there. The hidden aspect does not change this legal action. As long as the cameras are inside the home and only provide a video feed, the individual is able to do whatever he or she wants with it. If the cameras record outside or give the homeowner sound, this could violate state laws or cause problems unless the devices are part of a service such as one set up through a security company.
Personal Property Rights
If the homeowner recorded the footage through his or her own cameras, he or she may have a backup. However, this video file may belong to him or her as property even if the insurance company requires the data for the claim. In many cases, handing over the information with the video file is usually only temporary when the homeowner owns the file. Some may use a service with the footage backed up through an offsite location. This provides the homeowner with another source if the insurance carrier corrupts the footage, loses the file or does not return the property.
Some legal issues may arise if the person is unable to keep a third party from intercepting the footage. Because most of these cameras work through a wireless signal, another person may hack into the feed and use the camera to spy on the homeowner or to engage in criminal activity. Without a security company to provide services and help with these devices, the homeowner may suffer.
Support with Nanny Cam Footage
To protect the ownership rights of the footage and with claims and litigation, the homeowner may need to hire a lawyer. The legal professional may need to intercede between the carrier and the individual after or during a claim to assist with the matter and to reacquire the footage.
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