Beware Social Media Trap in Compo Claims

Posted 04-11-2021
Written by admin 101
Category Compensation

Social media can be an unexpected trap for injured people pursuing Compensation claims, RMB Compensation Division warns:

If you are unfortunate enough to have been injured as the result of a negligence of another or at work or in a motor vehicle accident, the physical and financial consequences can be devastating.

Many injured people look to obtain some validation or vindication via social media posts.  Some provide social media updates as a part of everyday life. However an innocent social media post can have significantconsequences for a personal injury claim.

Social media posts are now the most common form of surveillance used by insurance companies.  Any material on social media can be used against anyone involved in a case.

Insurance companies, who have their own investigators, are skilled in seeking out information on all the various social media platforms.  An innocent post can be used as evidence in proceedings to further the insurance company’s objective of paying as little compensation as possible.

Beware!  The investigators will not just look to the plaintiff’s posts.  They will also scrutinise your connections on each platform.  An innocent comment such as “Great to catch up with you at Joe’s birthday party last week” may be used against the plaintiff who has a psychiatric injury and claims that it has affected their ability to socialise.  Photos from that family BBQ last week on Nan’s Facebook page where you threw one frisbee with the kids before realising the pain it would cause, may damage your claim significantly.

You should always be truthful and accurate when reporting the effects of an injury.

However, a seemingly innocent social media post may be easily misconstrued. One snapshot does not represent the whole.  Therefore, the best advice is to refrain from posting on social media during the course of a claim.  However, given that social media is an intrinsic part of modern day life, if you want to post on social media:

  • Review your privacy settings.
  • Only accept friends or follow requests from those you know personally.
  • Do not put anything on social media that you would not want to be seen by an insurance company or by a Judge hearing your case.
  • When in doubt – don’t post.

If you would like further advice about social media posts and their effect on personal injury claims, RMB’s Compensation team would be happy to assist, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.