Don’t let social media wreck your insurance claim

For millions of Canadians, social media sites like Facebook and Instagram have become part of our daily routine. We use it to communicate with friends and family, check news and sometimes enjoy some quick entertainment. 

For some, posting updates is a regular habit that people don’t think twice about. And when something out of the ordinary happens, like getting in an accident, the temptation to post is something too great for some people to resist.

But when it comes to your personal injury claim, social media can become your worst enemy.  Insurance companies know to check out a claimant’s social media presence as part of their claims investigation, looking for any evidence that they can use to deny a payout.

Let’s say that you’ve been in an accident and your injuries prevent you from being able to work and that you need to undergo rehabilitative treatment. You are making wonderful progress with your physical therapist, to the point that you want to share with your friends and loved ones the state of your recovery.  

Bad idea.

Insurance adjusters will use any evidence that appears to downplay your injury in settlement negotiations. This includes anything you do post-accident. Insurance companies are interested in minimizing your injuries and will go to great lengths to find evidence that refutes your claim, which includes scouring your social media accounts.

So, what are some tips on navigating the world of social media when you're involved in a personal injury lawsuit?

1. Never share anything regarding the case or conversations you’ve had with your lawyer.
2. Avoid posting photos or videos on social media websites or Whatsapp status. If you want to share content with friends, use email instead.
3. Remove tags of yourself on friends’ photos, post-injury.
4. Do not confirm friend requests from strangers.
5. Try to avoid commenting on friends’ statuses or writing your own, unless it’s something you’re okay sharing with the defence lawyers.
6. If you must use social media, update your privacy settings regularly to restrict who can see your content

Beware, anything you post on the internet could be used against you by the defendant, even if your privacy settings are on and you don't think anyone is looking at your social networking pages.  The safest thing to do is to stay off of social media altogether.  

If you continue to use social media, it’s prudent to share with your personal injury lawyer the list of social media sites that you are on as well as the corresponding username(s) or account handle.  It’s better for your representation to discover something that may jeopardize your claim before the insurance company does.

If you, or a loved one, has been in a car accident in Ontario, be sure to read more on settling a claim.  We’ve pulled together a post on what you need to know before you settle.

We specialize in personal injury law, so if you have additional questions about the use of social media and your personal injury lawsuit, please give us a call at 416-820-9434.