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Insurance companies know people who make claims often post information on their social media sites.  They know some folks cannot wait to tell the world about the event and often stretch the facts. Insurance companies have a long list of social media cites they check for anything that might hurt a person’s claim if not avoid it altogether. Their people are trained to search them. 

If you have a “Facebook,” “MySpace,” “Twitter”, a "Blog" or any other social media account be WARNED, the insurance company “guys” will find it. When they do, they will move mountains looking for any posting where you may have talked about the event and its consequences.

If you have written anything about the event you cannot take it back. It is against both the civil and criminal law to delete or destroy it BECAUSE IT IS EVIDENCE. The consequences can be dramatic. Do not post anything about your claim or the event it arises out of or if you have, stop immediately. It is best never to post anything including photographs, videos, or written comments about your case.

There are many ways your claim may be harmed. If you post even one message, photograph or video. You may be giving away valuable information that may be used against you. Later on you may have to produce copies of your posts and a lot more if your claim is not settled and becomes a lawsuit.

A few years back I had a client who was rear-ended one night by a young man who struck her vehicle so hard it cause it to hit a center retaining wall, turn upside down, and skid along the pavement for some distance before coming to a stop. This resulted in serious injury to her and the destruction of her vehicle.

Circumstances lead me to believe the young man may have been drinking though he was not arrested at the scene for DWI. The young man insisted the crash was not his fault because my client suddenly changed lanes in front of him making it impossible to avoid striking the rear of her car.  Naturally his automobile insurance company using this excuse denied my client’s claim for the injuries and losses she sustained working a great hardship on her as a single parent.

After suit was filed this guy stuck to his story. When put under oath to answer questions during a deposition, I asked if he drank anything of an alcoholic nature that night. With indignation he flatly denied drinking, adding he never drank in his life because it was against his religion. He testified so sincerely it was difficult to continue to suspect he may have had something to drink the night of the collision. However, I decided to search him on the Internet just to see what I might turn up.

As fate would have it, I struck gold! Almost immediately I found him on “MySpace” in a video with sound he and a friend made celebrating New Years. He was holding a large bottle of Jack Daniels in one hand and an even larger plastic bottle of Coca-Cola in the other. While dancing around the room in a rather silly fashion, from time to time he would take a large swig of whiskey followed by an equally long pull on the Coca-Coke bottle followed with a loud and extremely obnoxious belch.

My computer is equipped with software that allows me to grab the contents of a websites.  I snagged his video antics, on a disc and sent it to his attorney. The case settled immediately for all the insurance he had. I was not able to prove he drank on the night of the collision, but, thanks to “Myspace” I was able to prove he was a liar under oath regardless of his religion which was even better because it resulted in sanctions in a large sum of money imposed on him by the court for discovery abuse in addition to the settlement.

Since that time, I regularly search social media locations.  I don’t stop with the responsible person, but through other means, I find members of the family that provides me with information to search further. People seem to love to share stories and photographs with their friends and family on these sites. It seems as though they are not aware it is not just “friends” that gain access to the information but their enemies as well. 

I caution my clients not to post anything about their case on a social media site. I also make sure the client understands it is not just information about the event that can be harmful to them, but any information, photographs or videos may convey the wrong impression to someone such as an insurance company adjuster or a defense attorney that is opposed them. This precaution includes as well making sure family members avoid comments about the event or the client’s activities during and after the event.

There are many ways a person’s claim can be unfairly compromised by social media posting. Like the old saying “Lose Lips Sink Ships,” Don’t do it!

 © by GWL May 21, 2015