SOCIAL MEDIA AND PERSONAL INJURY CASES
If you have been injured as the result of another’s negligence and are pursuing a personal injury claim, you have probably been made aware that the defendant’s insurance company will do everything they can to disprove your injuries and your claim. One of the most common ways that defendants and their insurance companies are doing this nowadays is by simply looking to social media sites. Many plaintiffs do not realize that the pictures, posts, and check-ins that they put on social media websites can give the insurance companies and their lawyers enough ammunition to disprove or significantly reduce compensation for your injuries.
WHAT INSURANCE COMPANIES ARE LOOKING FOR
When insurance companies are defending against your claim, they are essentially looking for any evidence that suggests your injuries are not real or that they are much less severe than you are claiming. If the insurance company is able to prove this, they will be able to get away with denying your claim or offering a settlement for much less than you are seeking or deserve. Insurance companies have investigators who are well-trained and efficient when it comes to gaining access to information posted on social media. They will go through your social media accounts and look for incriminating evidence that can be used to prove that your injuries are not as serious as you claim they are. This is all legal, and these posts and pictures are admissible as evidence because courts have held that there is no “reasonable expectation of privacy” on social media, regardless of the personal privacy settings on your account. In fact, courts have even ordered plaintiffs to hand over their social media username and passwords to defense counsel!
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