Social media has become a significant part of daily life in today's digital age. We share photos, updates, and opinions without much second thought. However, if you are involved in a personal injury case, your social media activity could negatively impact your claim. Insurance companies have increasingly turned to social media to gather evidence that can be used against claimants. Here’s how your online presence can affect your case and what you can do to protect yourself.
Why Insurance Companies Monitor Social Media
Insurance companies are in the business of minimizing payouts. One of the ways they achieve this is by scrutinizing claimants’ social media accounts to find information that could discredit their injury claims. They may look for posts, photos, or even comments that suggest you are not as injured as you claim to be. For instance, a picture of you smiling at a family gathering or engaging in physical activities can be used to argue that your injuries are not severe or that you have recovered more than stated.
How Your Social Media Posts Can Be Used Against You
- Contradictory Evidence: One of the most common tactics is using social media posts to find contradictions in your statements. For example, if you claim that your injury has left you unable to walk, yet you post a photo of yourself hiking, this can severely undermine your credibility.
- Downplaying Pain and Suffering: Even seemingly harmless posts can be interpreted negatively. A picture of you enjoying a meal at a restaurant can be used to argue that you are not suffering as much as your claim suggests. Insurance adjusters can use such posts to paint a picture that your daily life hasn’t been affected to the extent claimed.
- Tagging and Geolocation: Posts from friends or family that tag you at various locations can also be problematic. If you’ve been tagged at an event or location implying physical activity or travel, insurance companies might use this to argue that your injuries do not limit you as claimed. Even if you don’t post these updates, being tagged in someone else’s post can still impact your case.
Privacy Settings Aren’t Foolproof
Many people believe that setting their social media profiles to private will protect them from scrutiny. Unfortunately, this is not always the case. Insurance companies may still gain access through mutual connections, subpoenas, or even public sections of your profile that are still accessible. Moreover, courts may order you to provide access to your private accounts if it’s believed that the content is relevant to the case.
Additionally, even if your profile is private, your friends and followers can still share or screenshot your posts, making them accessible to a broader audience than you might have intended.
What Not to Post During a Personal Injury Case
To protect your personal injury claim, it’s crucial to be mindful of your social media activity. Here are some tips on what to avoid posting:
- Avoid Discussing the Case: Do not post details about your injury case, including updates on how you feel about the proceedings, opinions about the other party, or information about your settlement discussions.
- Refrain from Sharing Photos of Physical Activities: Even if the activity seems minor or unrelated to your injury, photos of you engaging in physical activities can be misinterpreted. It’s better to avoid sharing images that could suggest your injury is not severe.
- Limit Check-Ins and Location Tags: Insurance companies may use check-ins or location tags to build a timeline of your activities, arguing that your movements contradict your claims of injury.
- Be Wary of Posting About Social Events: Social events, parties, or even casual get-togethers can be used to argue that you are not as impacted by your injuries as you claim. Avoid posting about these events, as they can be easily misconstrued.
Steps to Protect Your Personal Injury Case
Given the potential impact of social media on your personal injury case, it’s essential to take proactive steps to safeguard your claim:
- Pause Social Media Activity: The safest action is to avoid posting on social media entirely while your case is ongoing. This reduces the risk of any posts being used against you.
- Review Your Privacy Settings: Ensure your profiles are set to the highest privacy settings. This won’t completely protect you, but it’s an essential first step in limiting access.
- Instruct Friends and Family: Ask those close to you to refrain from tagging you in posts or sharing content that could be related to your activities or condition. This precaution can help reduce the chances of your private life being scrutinized by insurance companies.
- Monitor What’s Already Posted: Go through your existing posts and remove any content that could be misinterpreted or used against you. While you can’t delete already captured posts, taking this step can minimize potential damage.
Stay Cautious and Protect Your Rights
Social media can be a minefield in personal injury cases. While sharing aspects of your life online might seem harmless, insurance companies can and will use any information they find to undermine your claim. By being mindful of your online presence and protecting your privacy, you can help ensure that your personal injury case remains strong.
Contact The Barrera Law Firm, PLLC, today to learn more!