Big (Insurance) Brother is Watching You

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Everybody these days is using social media – even your grandmother. And people are sharing not only their likes/dislikes and their relationship status with the world, but many other details of their personal lives too. However, all of this openness can be harmful to your personal injury case, as insurance companies more than ever are using details and evidence from social media such as Facebook, Twitter, Instagram and YouTube to attack and minimize injured parties’ claims.

Before social media, insurers would regularly use private investigation companies to take pictures or video surveillance of a person who suffered injuries in an accident, or claimed to be disabled from work or other activities. And this is all perfectly legal as long as you are in a public setting (i.e. they can’t set foot in your house, although they can video into your open windows). The investigators will also talk to employers and loose-lipped neighbours.

Who Watches YOU?

But it is not just insurance companies. I have seen cases where our clients’ employers obtained surveillance footage to try and discount the validity of Worker’s Compensation claims.

Old school surveillance and other types of investigation can be expensive, and don’t always yield the results desired by insurers. Along came social media, which represented a way for insurance companies and other parties to gather free evidence of your activities and abilities.

The old adage that “a picture is worth a thousand words” holds especially true in the case of a jury trial. Pictures of injured parties’ participating in sporting events or other physical activities that shouldn’t be possible with their injuries can be devastating to their cases. And the courts in Ontario have freely allowed information and documentation from social media to be used against injured parties.

How Can You Mitigate The Risk?

So what can you do? For one, you can adjust your privacy settings so that only your closest friends or relatives have access, although it is often easy enough for somebody to become “friends” with somebody on your buddy list who is not so discerning about his or her connections. That allows an insurer access to your information through a virtual back door.

It is better to stop posting pictures, videos and comments after you are involved in an accident or become otherwise disabled. I have seen far too many examples of clients who, despite warnings, post:
• Comments about dancing at somebody’s wedding until 3AM, or going to a nightclub
• Pictures of their recent vacation, complete with lots of images of physical activities and smiling faces
• Details about totaling their cars or ending up in the hospital for unrelated matters

The simple fact is that many people are sharing too much information about their lives and now, with newer features like Facebook’s Timeline, it is even easier for insurance companies to see not only what you have done, but when you have done it.

Nobody is saying accident victims or disabled persons have to live in fear of going outside or put on a show for the insurers. But everybody should definitely start thinking twice about the importance of posting certain information for the world to see in this age of digitally prying eyes.

We Can Help You!

Visit our work injury lawyer section for more information. If you have any questions, book a free consultation or call 1-855-446-7765 for immediate assistance.