What Not to Do in a Personal Injury Claim
Do Not Use Social Media
We understand it is tempting, we get that you want to share your condition with your friends and loved ones. But, be very, very careful on what you put or post online. Insurance companies will be looking at your online history to try and either not pay for your personal injuries or settle for less.
Here are a few examples of how social media can impact your personal injury case:
- If you post about your accident and how it occurred, the insurance company may use this information to say that you were at fault or partially at fault for the accident.
- If you post photos of yourself before the accident and then post photos of your injuries, the insurance company will use this to try and show that your injuries were not as severe as you claim.
- If you post about how much pain you are in or how your life has changed since the accident, the insurance company will use this information to try and reduce the amount of money they have to give you for your pain and suffering.
The bottom line, be very careful what you post on social media if you have a personal injury case. If you have any questions about how your social media use may impact your case, please contact an experienced personal injury attorney today.
How Insurance Companies Will Use Your Online Presence Against You
Social media has become a way of life for many people. We use it to keep in touch with our friends and family, share photos and experiences, and voice our opinions on current events. But what you may not realize is that insurance companies are increasingly using social media to investigate claims and disputed coverage.
For example, imagine you are in a car accident and file a claim for injuries. The insurance company may then take to social media to try and find evidence that you were not injured in the accident or that your injuries are not as severe as you claim.
- Facebook Example: You post a photo of yourself before the accident and then post photos of your injuries. The insurance company may use this to try and show that your injuries were not as severe as you claim.
- Twitter Example: You post about how much pain you are in or how your life has changed since the accident. The insurance company will use this information to try and reduce the amount of money they have to give you for your pain and suffering.
What You Can Do To Protect Yourself
So what can you do to protect yourself from insurance companies snooping around on your social media accounts?
- Make sure your privacy settings are set to “Friends Only” or “Private”.
- Don’t post anything about your accident or your injuries.
- If you must post about your accident or injuries, make sure to do so in a way that does not give away too much information (i.e., “I was in a car accident but I’m okay.”).
- Never post photos of your injuries.
- Avoid posting about how much pain you are in or how your life has changed since the accident.
If you have any questions about how your social media use may impact your personal injury case, please contact an experienced personal injury attorney today.
How Social Media Will Undermine Your Case
Insurance companies are companies first. They have an obligation to their shareholders to make money. One of the ways they do that is by paying out as little as possible on claims. They will use anything they can find to try and reduce the amount of money they have to pay you.
In recent years, social media has become one of the insurance companies’ favorite tools for investigating claims. They will snoop around your Facebook, Twitter, and Instagram accounts looking for anything they can use against you.
Here are a few ways they may do this:
- Checking your profile: The first thing the insurance company will do is look at your social media profile. They will look at the date of the accident and see if you have made any posts about the accident or your injuries. If you have, they will use this information to try and prove that you were not injured or that your injuries are not as severe as you claim.
- Looking for photos: The insurance company will also look for any photos you may have posted of yourself before the accident and compare them to any photos you have posted after the accident. They will look for evidence that your injuries are not as severe as you claim.
- Reading your posts: The insurance company will also read your posts to see if you have made any mention of your pain or suffering since the accident. They will use this information to try and reduce the amount of money they have to give you for your pain and suffering.
Bottom line, be very careful what you post on social media if you have a personal injury case. If you have any questions about how your social media use may impact your case, please contact our experienced personal injury attorneys today.
Non-Social Media Mistakes That Can Hurt Your Personal Injury Claim
In addition to social media, there are a number of other non-social media mistakes that can hurt your personal injury claim.
- Failing to Seek Medical Treatment: One of the biggest mistakes you can make is failing to seek medical treatment after an accident. This will not only impact your health, but it will also impact your personal injury claim. Insurance companies will use this to try and prove that your injuries are not as severe as you claim.
- Failing to Follow Your Doctor’s Orders: If you are injured in an accident, it is important that you follow all of your doctor’s orders. This includes things like going to all of your appointments, taking your medication as prescribed, and following any restrictions placed on you. If you do not follow your doctor’s orders, the insurance company will use this to try and prove that your injuries are not as severe as you claim.
- Making a Recorded Statement: One of the first things the insurance company will try to do is get you to make a recorded statement. They will use this statement against you to try and deny or reduce your claim.
- Accepting a Low Settlement Offer: Another mistake you can make is accepting a low settlement offer from the insurance company. Once you accept an offer, you will likely be unable to get more money from the insurance company, even if your injuries turn out to be more severe than you initially thought.
Another huge mistake people make is they will be in the middle of a settlement and they will discuss their case with other friends, family members, and complete strangers. This is dangerous, what you say could make it back to the at-fault party and that witness can be forced to reveal what was said in court, this not only could make you lose your case, but it could also result in shattered relationships.
- Failing to Hire an Attorney: Finally, one of the biggest mistakes you can make is failing to hire an experienced personal injury attorney. An attorney will protect your rights and help you get the full amount of compensation you deserve.
Case Law on Social Media
Material posted on a private Facebook page, that is accessible to a selected group of recipients but not available for viewing by the general public, is generally not privileged, nor is it protected by common law or civil law notions of privacy. Thompkins vs. Detroit Metro Airport
If you have been injured in an accident, please contact our experienced personal injury attorneys today. We will help you protect your rights and get the full amount of compensation you deserve. Call us at 1-800-731-4878 or fill out the form. We are a nationwide personal injury law firm.
