Can Deepfake Video Be Used Against You in Michigan?
Insurers have long used surveillance video to attack injury claims. As AI editing tools spread, the newer worry is footage that has been altered or generated to make you look less hurt than you are, and Michigan’s evidence rules are the check on it.
Video showing an injured person lifting a bag or walking without a limp has been a staple of insurance defense for years. Most of that footage is real, if often misleading, because it captures one good moment and ignores the recovery that follows. The new question is what happens when the video itself has been edited, sped up, clipped out of context, or in the extreme case, synthetically generated. AI tools now make convincing manipulation cheap, and that raises a fair concern for injured people.
Evidence has to be proven genuine first
Michigan does not let a party simply play a video and call it proof. Before a court admits a photo or recording, the party offering it must authenticate it, meaning show enough evidence that the item is what they claim it is. That rule lives in Michigan Rule of Evidence 901. Typically that means testimony from someone with knowledge that the recording accurately shows what happened, or details about how and when it was captured.
Why authentication matters more in the AI era
When footage might be altered, the how and where of its creation carry real weight. A recording with no clear source, no metadata, and no witness who can vouch for it is far weaker than one an investigator can explain from start to finish. If there are signs of editing, missing frames, or a suspicious gap, those are grounds to question whether the video is genuine and to demand the original file rather than a copy.
Tools your lawyer can use
- Demand the original. Michigan’s evidence rules favor original recordings and their metadata over edited exports, which makes tampering easier to expose.
- Challenge the chain. Ask who recorded the footage, on what device, when, and everywhere it traveled before reaching the court.
- Use experts. Digital forensic analysts can examine a file for signs of manipulation or AI generation.
- Raise spoliation. If an insurer alters or destroys original footage, a court can penalize that conduct, including instructions that let the jury draw an unfavorable inference.
What this means for an injured person
The takeaway is not that video evidence is now worthless. Honest, well-sourced footage still carries weight, in your favor as often as against you. The point is that a recording is not automatically true because it looks convincing. Michigan law gives you the right to test how a video was made and to keep unverified or manipulated footage away from the jury. Preserve your own evidence, keep consistent medical records, and let counsel scrutinize any footage the other side produces.
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Can an insurer use surveillance video of me?
Often yes, if it is genuine and properly authenticated. Real footage of your activities can be admissible. What you can do is insist it be proven authentic and shown in full context rather than as a selectively edited clip.
How would anyone know if a video was edited by AI?
Signs include a missing original file, absent or altered metadata, unexplained cuts, and inconsistencies a forensic examiner can identify. That is why demanding the original recording and its data matters so much.
What should I do if I think footage against me is fake or doctored?
Tell your lawyer immediately and preserve everything on your side, including your own recordings and complete medical records. Counsel can move to require the original file and challenge the video’s authenticity under the evidence rules.
Question Video Evidence Before It Reaches a Jury
Free consultation with Manny Chahal, no fee unless we recover, call 1-844-624-2425.
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