Join our newsletter.

Social Media a Trap for the Unwary

By now you know that the insurance company’s goal is to pay you as little as possible in compensation for your injuries. In pursuit of this goal, the insurance company may delve into your personal life by combing through your social media accounts, looking for evidence to use against you.

The surest way to avoid this trap is to go on a social media blackout until your case is resolved. For most people, however, this is simply unrealistic. If you cannot quit social media cold-turkey, try to limit your use and follow these guidelines:

DO ask friends and family not to post pictures of you and not to tag you in any social media posts. If, for example, you are front and center, hoisting the league trophy, in a photo your bowling team captain posts on Facebook, the insurance company will pounce on that photo as evidence that you are “malingering” – exaggerating your injuries and symptoms for financial gain. Even if you never picked up a bowling ball or changed out of your street shoes, and all you did was play the role of supportive teammate, this photo puts you on the defensive and makes your case significantly more difficult.

DO put yourself in the adjuster’s shoes and, before you post anything, ask, “Is there any way this [photo, tweet, like, share, etc.] could be misinterpreted and used against me?” If the answer is yes, don’t put it out there.

DO set all your social media accounts to the highest privacy setting.

DO NOT accept friend requests from anyone you do not know personally.

DO NOT post anything about your insurance claim, your accident, your injuries, etc. on any social media site.

DO NOT delete your social media accounts or create new accounts under different usernames. The insurance company and/or its defense lawyers will sniff out your deception and it will destroy your credibility. When your credibility is lost, your case is all but lost.

DO NOT post anything to your personal blog that you do not want the insurance company, the judge and, perhaps one day, a jury to see.

The bottom line here is simple: Treat your personal injury claim like the private matter that it is. If you have questions about social media or any other aspect of your case, please call us. We are here to help.

Related News & Articles

The principal ways to avoid probate are: 1. Create a revocable living trust (RLT) and transfer assets into it. The trustee has control over the assets, so naming the owner as...

At any given moment, there are roughly 660,000 people across the country using a cellphone or other electronic device while driving. That’s according to the U.S. Department of Transportation, which records...

The concept of alimony has been with us for centuries. It’s older than the Roman Empire, predates the birth of Socrates and Aristotle and had been around for 1,000 years at...

All parents consider their children’s well­being a top priority, and it is often the foremost thought on parents’ minds as they separate. Parents who are sensitive to children’s needs and can...

When a person injures you the law calls it a “tort.” When a person breaks a law created by the legislature it is called a crime. Most people who are harmed...

How to Stop Spinning your Wheels and Moving Towards Profitability When I was growing up my parents owned their own business; Stewart Homes. They built and remodeled homes in the Central...

Depending on your type of business, you have three options for incorporating: C corporation, S corporation, or LLC. Each option requires formal documentation and must be filed with the appropriate state...

When a marriage ends, financial complications can ensue. In addition to dividing property acquired during the marriage, the courts must make sure provisions are made for any children the couple has,...

In addiction-related cases, social media evidence is increasingly used to build narratives about a person’s behavior, intent, or lifestyle. Posts, photos, messages, and even comments can serve as key pieces of...