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Almost everyone documents their life online in some form, whether it’s Instagram, Facebook, Snapchat, or X. From workouts to weekend trips to the small, everyday moments, social media evidence has become a routine part of how insurance companies and defence lawyers evaluate personal injury claims in Alberta.
Why insurers pay attention to your social media
Insurance adjusters and defence counsel routinely review the public social media accounts of injured claimants. It’s a low-cost, low-effort way to gather information, and courts across Canada, including Alberta, have found that social media posts count as producible documents when they’re relevant to a claim. That means a public post can end up being used well before a case ever reaches trial.
In the 2024 Alberta Court of King’s Bench decision Armbruster v Nutting, the court significantly reduced a plaintiff’s damages award after finding his claims about the impact of his injuries were not credible, and his online activity was one of the pieces of evidence the court weighed in reaching that conclusion. The case is a reminder that social media isn’t just background noise in Alberta litigation; it can shape the outcome of a claim.
How social media gets used against a claim
Screenshots of posts, photos, and videos are typically introduced at an examination for discovery or at trial to challenge a claimant’s credibility or the extent of their injuries. A common scenario: someone claims they can no longer manage the physical demands of their job, but their account shows them completing a long hike, a competitive race, or an intense workout. Even posts meant to show a “good day” can be taken out of context and used to suggest the injury isn’t as serious as claimed, which can lead to a reduced settlement, an allegation of exaggerated or fraudulent claims, or a cut to benefits.
3 things to keep in mind if you’re active on social media
- Set your accounts to private, and control your tags. Privacy settings limit who can see your posts and photos, but they don’t guarantee your content stays out of a claim. Also check that you can’t be tagged in other people’s photos without your approval.
- Don’t post anything that contradicts your stated limitations. If you’ve told your doctor or the insurance company that you can’t run, hike, or lift, a summit photo or a race finish line tells a different story to an adjuster.
- Post less, generally, while your claim is active. The fewer posts there are, the less material there is for anyone to take out of context.
Some insurers go further and hire private investigators to observe or record injured claimants in public. That doesn’t mean you need to stop living your life or feel like you’re constantly being watched. The safest approach is consistency: be honest with both your lawyer and the insurance company about what you can and can’t do. If your social media matches what you’ve told them, it won’t be a problem.
Frequently Asked Questions
Can insurers see my posts if my account is private?
Private settings reduce access, but they aren’t a complete shield. Courts can order the production of relevant social media content in some circumstances, and content shared by friends, tagged photos, or mutual connections can still surface.
Should I delete old posts or deactivate my account after an accident?
Speak with your lawyer before doing this. Deleting or hiding content during a claim can be seen as destroying evidence.
Does this apply to claims settled outside of court, too?
Yes. Most Alberta personal injury claims are resolved through negotiation with the insurer rather than at trial, and adjusters weigh social media the same way a court would when deciding what a claim is worth.
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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