It’s fair to say that in current society, social media forms a huge part of our lives. Information posted on social media is typically public as information is readily available through a quick name search.
Claimants beware, information from your social media profiles may be disclosed and used to discredit your case in a personal injury claim.
Insurers commonly scour the social media accounts of claimants looking for information that may contradict their claim.
If a claimant is found to have been dishonest then they risk their personal injury claim being dismissed as well as potential criminal consequences.
Just recently, an article was published in which a “celebrity” had their personal injury claim thrown out on the basis of fundamental dishonesty.
The claimant, claimed to have suffered multiple soft tissue injuries following a road traffic accident. Yet the claimant posted videos of themselves partying in Ibiza, as well photos partaking in various physical outdoor activities just a week after the accident. Unsurprisingly, their personal injury case was thrown out on the basis of fundamental dishonesty, and they were ordered to pay insurers costs.
Whilst the above is a more extreme example, even those claimants who have genuine elements to their claim can be caught out by social media posts. Psychiatric injury can become particularly problematic when it comes to social media, as most tend to post to highlight an achievement or show the best version of themselves. Videos and pictures that show a claimant happy and smiling at a work event, family celebrations or holidays can easily be used by the defendants’ insurers to try and discredit the claimant.
Whilst the vast majority of claimants are honest and do not need to be worried about their posts on social media, it is important to remember that social media accounts can be accessed. Caution should be exercised when posting, privacy settings reviewed, and claimants should remain open and honest with their solicitors at all times.
If you require Personal Injury advice, please contact Richard Harriman on richard.harriman@allanjanes.com