Insurance companies always have you under their secret surveillance, and it includes stalking your social media. They always monitor social media accounts.
Social media risks after an accident arise when you choose to be active and post content on your accounts. Your public posts, like videos or pictures, can be used against you. Your status, stories, comments, and media where you’re tagged by your followers can be viewed.
The insurance company can gain access to your media through your mutual friends; they can recover your deleted messages, document private chats through a subpoena, and track your location that suggests physical activities to make you look guilty in your claim.
Every Possible Piece of Evidence Insurers Can Gather
Public Photos and Videos
Let’s just say you post a picture on Instagram or Facebook that shows you engaging in a casual physical activity, like hiking, working out in the gym, or even walking your dog, and it can be brought up by the insurers.
The insurers may claim the following:
- Your injuries aren’t really as serious as you make them seem since you engage in a physical activity on your social media (even if there was no physical strain involved).
- In case you smiled even in one picture, your emotional distress and mental health are fine and not as serious as you make it seem in terms of non-economic damages.
Your Status Updates and Comments
Saying that “you’re fine” in one of your comments replying to any of your mutual friends when they ask you “how are you” can be used against you.
If you post stories where you look happy and use filters or common social media phrases anywhere, like “feeling great” or something like “enjoying the moment,” it will look bad for you in front of insurers.
Tagged Contents
Families or friends tag you in many posts. If you engage in physical activities in any of those tagged media, the insurance company may accuse you of engaging in activities that you “cannot” do.
It’s always better to inform your family or friends that they can never tag you or even contact you at all through social media until your personal injury case is settled.
Location Check-ins and Tracks
The insurance company may monitor all of your social media & related apps that track your location. They use this location data to prove you were at multiple places instead of getting rest or arguing against your claim that you are unable to work.
Accessing Media Through Mutuals
You may think that making your social media profiles private prevents the insurers from accessing them.
Don’t underestimate the lengths these insurers will go to collect even the smallest evidence to accuse you.
If insurers find any of your followers who are mutual friends with someone they know, they can still gain access to see what you post on social media through them.
Sometimes, insurers may even pose as someone you know and friend request you to monitor your social media accounts.
Your Private Chats
This is something you probably think they can’t even use as evidence.
Unfortunately, if your private chats are relevant to the case, they can absolutely be used. Insurance companies can use subpoenas that require you or social media companies to appear in court to gain access to private chats.
If your private chats imply you’re okay or if there are inconsistencies about your accident, they can be used against you.
Deleted Content
The insurers can use third-party digital forensics and metadata analysis to document your deleted messages.
They can use screenshots of deleted messages with your family or friends.
Deleted messages actually make you look more guilty than you already are. It suggests you tried to get rid of evidence, only increasing the odds for the insurers to win.
How Does a Lawyer Protect You?
- Your lawyer reviews your social media content for potential risks as soon as you hire them.
- They advise you to stay away from social media completely and deactivate it.
- The lawyer will advise you against deleting posts, which will only make you look guilty.
- Your lawyer prepares you and them for negotiations with insurers in the future.
Key Takeaways
- Insurance companies use your social media photos and videos to show that your health isn’t as bad as you claim.
- Your social media comments or stories where you suggest that you’re fine or you’re smiling.
- The insurers can look into posts where you’re tagged to look for signs that suggest your condition isn’t serious.
- Insurers can access your account from any of your mutual followers, even if you go private.
- The insurers can use a subpoena to gain access to your private chats and use professionals to recover your deleted messages.