Social Media and your Injury Claim

“I feel like nothing is private”

When you are going through a Personal Injuries/Compensation Claim, there will be times when it feels like nothing is private. And that generally is indeed the case! Because when you pursue a personal injuries claim in Queensland, insurers (the other side) can request copies of your medical records, financial records, tax records and employment documents.

While insurers do not generally request copies of what is posted on your personal social media accounts, this doesn't stop them from seeing posts/comments/messages on your social media accounts. Even when your account is ‘private’ you need to be aware there may be ways in which insurers or private investigators can gain access to the content of these accounts.

Social Media – Be Wary!

We all know that using social media is a mainstream thing that people do these days.

But be wary! If you have a Personal Injuries or Compensation Claim your account may well be monitored by the other side – that is, the insurance company you are seeking compensation from.

While using Facebook, Instagram, TikTok, etc, seems like a mindless outlet or platform where you connect with friends, you need to be very careful about what you post when you have a Personal Injuries or Compensation Claim in progress as your account may be being watched.

Surveillance

Your social media accounts may be under ‘surveillance’ during your Compensation Claim.

Posting about your everyday life may not be helpful to your case.

While you may think that an innocent photo or comment on your FaceBook page isn’t relevant, it may be used by an insurer to investigate just how much your injuries are actually impacting upon your ability to work, socialise and engage in everyday activities.

While you cannot control what your friends or family post, there is every chance that even these posts may be used against you in a Compensation Claim.

Photos, words, or even tagged images posted online that are inconsistent with your claim may weaken your claim and create doubt about the extent of your injury.

Evidence in Court

It is important to know that your social media posts and messages can be used as evidence in Court. It is best to assume that an insurer will have access to your social media platforms and once it is posted, it can be used against you in your case.

The tendency for people on social media is to exaggerate or say how fabulous things are - and this may shoot you in the foot! There have been cases where judges have reduced the amount of the plaintiff's claim due to posts on social media showing ‘all the wonderful things happening in the plaintiff’s life’.