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With social media’s presence in everyday society, there are some things claimants should know about having a personal injury claim whilst also maintaining an online footprint.
Over the life of a personal injury claim, it is common for insurance companies to conduct “desktop” searches of claimants, routinely reviewing search engines and social media platforms like TikTok, Instagram, Facebook or X.
Material obtained through social media has been found as a reliable source of evidence and are being increasingly tendered in personal injury proceedings.
Whilst seemingly harmless, a simple post may have unintended consequences on a claim and can be used to challenge the credibility of an injured person, the extent of their disability/injury, or their capacity for work.
There are times when an insurance company has discovered inconsistent behaviour on social media platforms which has resulted in a reduction or cessation of rights and entitlements, or in severe cases, prosecution for fraud.
Case Examples
In the matters of Foong v Ghaly; Foong v McLellan, Ms Foong (self-represented) sought more than $20 million in damages for physical and psychological injuries arising from two motor vehicle accidents that occurred in March and September 2011.
Ms Foong claimed that she was unable to continue her work as a real estate agent or participate in social activities. However, extensive surveillance footage and her social media record showed her energetically wheeling a suitcase of books around the university faculty where she was studying.
The Court found that the medical evidence relied upon by Ms Foong was of no assistance as the practitioners indicated that she was feigning her injuries, or the experts simply accepted Ms Foong’s reports of disability.
Ultimately, Ms Foong’s lack of credibility was found to be overwhelming and she was awarded damages of $1,250 for each motor vehicle accident.
So, what does this mean for Claimants?
Be aware that having a personal injury claim means that you may be followed and filmed by private investigators on behalf of the insurance company.
You should also be careful of the content of information that you post on social media that may be misconstrued – which also extends to your family and friends.
Most importantly, when speaking to others involved in your claim, you should not overstate or understate the effects of your injuries (both physically and mentally).
For those pursuing a CTP and/or workers compensation claim, it is prudent that you keep the insurer updated as to any significant changes in your life which may affect your entitlements, such as starting with a new employer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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