Social media is commonly referred to as modern day “Surveillance” for personal injury claims. What you post on your social media accounts may be used against you to damage your credibility by the defendant’s insurer.
This is why you must be very careful of what you post or preferably, even disable your social media accounts while your personal injury claim is in progress.
Be careful what you disclose through your social media accounts
Social media platforms like Facebook and Instagram tend to be used to show the more “glamourous” side of our lives. However, your posts could be used against you in personal injury proceedings.
If you must utilise your social media accounts, be cautious and mindful of what you share. Even innocent posts may be interpreted the wrong way by viewers, particularly insurance companies and Judges.
Use caution when:
- Posting photos or discussions of yourself undertaking strenuous activities.
- Creating posts that contradict your claimed level of pain. For example, if you claim you use a walking frame or crutches all the time, one photo without you using these aides may damage your compensation claim.
It is also important to never admit liability on social media as it is not as “private” as you may think.
It’s also a good idea to advise your family and friends to be very cautious in their depiction of you through their social media posts as insurers are able to locate you through your contact lists.
It goes without saying that you should always be completely honest about your capacities while your compensation claim is in progress.
If you are unsure as to what type of things you should post, we recommend you speak to a personal injury lawyer.
What could an insurer possibly use against me in my personal injury claim?
An example of an insurer doing the above can be seen in Digby’s case. Digby was employed as a support worker for the disabled. She injured her right shoulder while trying to save a client from falling and being injured. She lodged a claim for personal injury compensation because she developed a constant tremor in her right arm and hand from trying to stop the client from falling whilst carrying out her employment.
Digby also claimed she developed a psychiatric injury as a result of the impact the shoulder injury had on her pre-injury lifestyle and that she had been unable to return to any form of employment.
During the trial, the Judge allowed the insurer to present Facebook evidence showing Digby carrying out her usual daily activities without evidence of her alleged tremor. As a result, Digby lost credibility, which made it difficult for the presiding Judge to accept evidence as to the extent of her injury and how it impacted her everyday functioning and employment. This resulted in Digby receiving a significant reduction in compensation.
The content you post on your social media accounts may potentially be used against you, resulting in a significant reduction in compensation.
We recommend you speak to one of our experienced personal injury lawyers before making any posts on social media.
For a confidential case assessment, please call us on (08) 8202 0099 or email [email protected].