Using social media can put your personal injury claim at risk
If you have been in an accident, you need to know that the insurance company may be working to use your social media posts against you.
March 25, 2014
These days, it is natural for people to use social media when they have something interesting to share or something frustrating to vent about. After a stressful life event like a serious car accident, many people have an urge to take to Facebook, Twitter and other social media sites to tell people about the accident and keep their friends and family informed of their progress.In reality, though, using social media when you are pursuing a personal injury claim can be an incredibly dangerous proposition. It is not at all uncommon for insurance companies to access accident victims' social media accounts in an attempt to find evidence to discredit the victims' claims.
Using social media to disprove injuries
Imagine that you are in a car accident and sustain a debilitating back injury. The pain is bad enough that you can't work full days at your office job and you need to hire help to do basic chores around your house. You'd think your medical records would speak for themselves, right?
Unfortunately, no. Insurance companies actively work to disprove claims made by a victim's doctor. Social media can be an integral tool in this pursuit.
For example, a post about going to the movies or attending a loved one's graduation ceremony can be used to disprove your claim that you cannot sit in front of a computer at work. A post about a good book you just read might be used to question whether your pain really is bad enough to affect your concentration. Even a simple picture of you standing outside can be used to claim that you are more active than you admit.
Using social media to challenge fault claims
Social media profiles can also be used to bring fault into question, particularly in situations where there is not an independent third-party witness to verify the events of the accident.
This is true even if you didn't make any online comments about the accident. For example, if your social media profiles exhibit an interest in high-risk or high-adrenaline recreational activities, the insurance company might use that information to claim that you have a propensity to speed or drive dangerously. If your profiles show that you spend a lot of time hanging out at bars, the insurance company might question whether you were intoxicated at the time of the crash.
What to do if you were in an accident
It is not unheard of for insurance companies to take social media posts completely out of context and use them against an accident victim. Even if you think what you want to post is completely irrelevant, it is best to refrain from making any posts until your case is resolved.
Even better, consider shutting your social media profiles down completely. If that isn't realistic, you should at least take down any posts or pictures that could be taken out of context.
If you have any questions about how your social media presence may impact your personal injury claim, be sure to discuss them with your attorney.
Article provided by Brian J. Mongelluzzo
Visit us at www.bjmlaw.com