Social Media Do’s and Don’ts With an Injury Claim
posted in: kmsc + Personal Injury
What Are the Social Media Do’s and Don’ts With an Injury Claim?
Our firm does not tell our clients to avoid social media, but to be aware social media accounts will be monitored by the insurance company or their hired investigators.
Social media is being used as evidence more frequently in litigation cases. After analyzing the plaintiff’s social media photos and check-ins, investigators can gather additional evidence, beyond the traditional surveillance methods, which assist in successful investigations.
If you have an injury claim, here are some social media dos and don’ts:
- An insurance company can ask a court to have your entire social media profile disclosed in the litigation process
- The best way to prevent insurers from using your social media accounts against you is to refrain from posting at all. At a minimum, keep your information brief and completely factual
- Avoid discussing or posting about the accident or the insurance company. It’s best to keep all details about the accident, your injuries, and the progress of the claim to yourself
- Enjoy your social media activity; just be careful to not to post any photos, status updates, and information that may be taken out of context
- Even high privacy settings on your social accounts can’t protect you when it comes to a court order accessing your entire social media profile.
- Let your friends and family know to not post or tag you in posts that could damage your case. If there are people who want to know how you are doing then it’s best to speak on the phone or in person instead.
Social Media Posts That Can Affect Your Injury Claim?
Private investigators could be hired by the at-fault insurance company to investigate your activities through social media. They are looking for:
- Photos or videos showing you engaged in physical activity, such as working out or dancing, can be used to disprove the injuries you claim to have suffered.
- Posts unintentionally admitting liability, or casting doubt as to whether you were partially to blame for your accident.
- Internet tracking apps can be used to discredit your version of the circumstances leading up to your accident and the actual time your accident occurred.
Learn more about private investigations, your right to personal privacy and the Privacy Act at Your Privacy With Motor Vehicle Claims in Alberta.
How Social Media Perceptions Can Affect Your Claim?
With social media, we often don’t show a real image of ourselves. People tend to post positive pictures of themselves, usually in social situations smiling. Because if you point a camera at someone they are going to smile – what they don’t show is the pain they are in or maybe that they had to go lie down after that picture was taken. Someone suffering emotional trauma may not want their friends and family to know the degree in which they are suffering – so they choose to post only content that makes them appear happy.
Social media is a powerful tool and it can be used as a source of investigation for motor vehicle accident injury claims. Our experienced lawyers can help you understand about your privacy rights and social media usage.
Contact Us For a Free Initial Consultation About Social Media and Injury Claims.