In this day and age, there are not many people who do not have some form of social media, whether it be Instagram, Facebook, Snapchat, or X (formally Twitter). People use their social media to document their lives – from mundane activities to special activities, and in many instances, it is also how people earn a living.
People who are injured in an accident are no different, and many continue to post regularly despite their injuries. However, since the rise of social media and the prevalence of people living their lives online, we often see insurance companies use social media posts in litigation.
Insurance companies will often have adjusters and investigators view an injured person's social media accounts for information. This is much easier to do if the accounts are public, and available for anyone to view.
They will take screenshots of the person's posts and use them in the course of the litigation, such as at the examination for discovery, in an attempt to undermine the person's claims, or to attack their credibility. As an example, if a person is claiming that they cannot work at their physical labour job, but there are social media posts showing them participating in heavy gym workouts, or Ironman competitions, this will be a problem for their claim, and could potentially have serious consequences, such as allegations of insurance fraud, or being cut off from benefits.
Some things to keep in mind if you are a regular social media user, and have been injured are:
1. Ensure that your account is set to private. This will limit who can view your posts and pictures. You should also ensure that you cannot be tagged in photos taken by others, without your agreement.
2. Do not post things that are contrary to what your stated abilities are. For example, if you say that you can no longer run or do long hikes, do not post pictures from the peak of a mountain you just hiked up or after completing a 10k run.
3. Limit your posts in general.
Please keep in mind that some insurance companies will go further and hire investigators to follow and record injured people as they go about their lives. This does not mean that you cannot live your life or constantly be looking over your shoulder. But you should always be honest about what you can or cannot do, with both your lawyer, and the insurance company. If what you are posting on social media is no different than what you are saying you can do, there will not be a problem.
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.
