Can My Social Media Posts Be Used as Evidence Against My Claim?
It’s no secret that in a world where people are constantly online, sharing, liking, and commenting on social media channels such as Facebook, TikTok, and Instagram, more and more aspects of our private lives have been turned into highlight reels readily accessible by anyone. It is also no secret that insurance companies will exhaust every avenue in an attempt to reduce the value of your claim or deny it completely. So, should you be careful with what you post online while your personal injury claim is pending? Our attorneys at Gideon Asen LLC weigh in on how your social media usage can impact your ability to receive a full settlement.
Can Insurance Use My Posts to Claim My Injuries Aren’t as Severe as I Said?
In short, yes, it is possible. While not every insurance company will go to great lengths to investigate your life and snoop around your social media accounts, cases that involve higher settlement amounts usually mean they may resort to any means that will produce any type of evidence to reduce the dollar amount they need to pay you or even disprove your claim altogether.
In other words, if you filed a claim saying you’ve been injured and have been in pain and unable to work and then a week later shared a photo of you hanging out with friends, there is always the possibility that an insurance adjuster may try to use an out-of-context photo to question the severity of your injuries.
Will Insurance Try to Deny My Property Damages Claim Based on Something I Posted?
Let’s just start with the fact that no insurance company is interested in generously paying out settlement awards, because that is not how they make a profit. So when you file a high-dollar claim, their priority is to lower their costs and get away with the smallest settlement offer possible. For that reason, if your claim includes the demand for compensation for your totaled car, a picture of you dining out at a restaurant with your family might not sit so well.
They may claim that your financial situation is not as dire as you have pictured because you can afford discretionary expenses such as eating out. So while a single social media post may not throw off your entire case, it might give the insurance company another reason to try and reduce your payment
Should I Avoid Sharing Anything Online While My Case is Open?
As much as you may hate to read this, yes – taking a break from posting on social media might be a smart move if you have a high-stakes personal injury claim still ongoing. Even an innocent picture can be taken out of context and used as evidence to weaken your case. It is best to refrain from posting anything until your case settles and you receive your payment. And in the end, you may even find that unplugging from social media might have beneficial effects on your mental health and emotional recovery from your accident. If you have been hurt in an accident, Gideon Asen LLC is ready to assist you with any questions you may have. Give us a call today.