Like it or not, social media is here for the long haul. Nowadays it’s uncommon for someone to not have some type of social media account, whether it be Facebook, Instagram, Twitter, Linkedin (the list goes on).
However, regardless of your privacy settings, these accounts are not as private as you might think.
Increasingly we are seeing insurers go to social media pages in their attempts to limit or reject compensation claims.
You might be thinking, "So what? There's nothing bad on there." But unfortunately the reality is that almost anything can be taken out of context and used against you. For example, if you post photos of yourself involved in any kind of physical activity or even photos of you smiling and enjoying yourself. Insurers are on the lookout for evidence that is inconsistent with the claimed injury to discredit you.
“Anything you say or do on social media CAN and WILL be used against you!”
While most social media sites have adjustable privacy settings these are not always fail-safe. Often an insurer or loss adjuster with a desire to see your social media content will find a way. And even if you change your privacy settings, it is still possible to access the content that was put up before the change. You should remember that anything you put online has the potential to be found by anyone at any time.
In the Supreme Court decision of Digby v The Compass Institute Inc and Anor [2015] QSC 308 a plaintiff was even ordered to reveal their Facebook records on trial because they were considered reasonably connected to their claim.
So how can you protect yourself?
We recommend that anyone actively involved in a personal injury claim or any other type of litigation to refrain from using social media (including all social networking and dating sites).
Also ask your friends and family to avoid posting images or status updates that are directly related to you. Your list of friends is not private and if one of your friends tag you in pictures and they don't have rigid privacy setting those pictures might be out there for everyone to see. For those unwilling to do that, then please remember:-
- NEVER post anything about your accident, your injuries or your claim; it does not matter what is said, it can often be misconstrued/interpreted in the wrong way; and
- Resist posting new photos of yourself and ask your friends to do the same. It might seem harmless, but an insurer will readily use those photographs against you if they can.
Do not put yourself in a position where you have to explain your social media appearances to an insurer.
If you have any questions or concerns, please contact one of our lawyers today.