Facebook and Personal Injury – Who is Watching?

Over the last few years I have seen a concerning trend as an attorney who represents those injured in car accidents and other personal injury claims. When dealing with accidents, the insurance companies typically use all means at their disposal to defend a claim, including social media. They try to diminish the value of the claim thus boosting their profits at the end of the year. Did you know that every time you make an insurance claim it is recorded into a national database that can be accessed by an insurance company every time you make a subsequent claim? The insurance company will use that against you and make it seem like you are a very litigious person. The insurance companies usually dig through your past medical records, your employment records and income tax returns all in an attempt to defend a claim and to diminish the value of your claim. ENTER FACEBOOK.

It is no secret that employers, colleges and universities have been utilizing Facebook to learn more about their prospective employees/students. Now the auto insurance companies and their attorneys are using what you write on Facebook against you during your personal injury claim.  I have had clients actually post  details of their claim on Facebook.   If you write about a vacation, your job or  even some of your activities, it will be used against you. I had a client write that her back “felt great” on one particular day as the chiropractic treatment was working. This one post was used by the insurance companies’ attorneys who argued that she did not need any further treatment because she admitted her back felt great.

If you have a pending personal in jury claim or are in the middle of litigating that claim, do not post anything about your claim/case on Facebook. Someone is watching!

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