Social media has become part of people’s everyday lives. It’s great for keeping connected, however, when navigating a personal injury claim it’s important to be vigilant about what you post. Social media posts can legally be used as evidence in compensation and TPD claims through your superannuation fund. Making the mistake of posting something with good intentions that could be misconstrued and used against you at a later date can affect your case, and your chances of receiving compensation even if you are rightfully entitled to it.
Our best advice is to avoid posting on social media channels before commencing a claim. If you must, be extremely vigilant about what you post and have a discussion with your personal injury lawyer for more guidance.
As a guide, avoid posting the following on social media during a pending claim. These types of posts, even if they are innocent, could invalidate your claim if misinterpreted:
1. Photos, videos, verbal or written evidence participating in strenuous activity.
If you are seen to be participating in sports, running, weightlifting, or swimming – or even talking about enjoying the following activities, it could potentially damage your chances at a successful claim.
2. Admitting liability
Everything posted online is there for everyone to see, no matter how private you believe it to be or even if you delete it. It’s not safe to discuss any details of possible liability or any other details of your pending case or claim online.
3. Evidence that may contradict your level of pain
Posting anything that could contradict your case will damage your chances of a successful outcome. For example, if you claim to be required to wear a brace at all times, but post a picture where you aren’t wearing it then this can be used to contradict your case – even if it is true that you are required to wear it the majority of the time. Remember that everything on social media from photos, to posts, to videos is date-stamped and can’t be altered. Once it’s posted, it can always be traced back.
Insurers do their research and will not hesitate to use this type of evidence to reduce your compensation amount or chances at receiving a successful outcome.
These are the main things to avoid posting, but also consider the following factors and be cautious if using social media during a claim.
- Details of legal advice or the progress of your claim
- Your intended locations (e.g. if you or others are tagging you using the ‘Check-In’ feature on Facebook.
- What your friends are posting – be sure to inform them that what they post could affect you as well.
- How often you post.
- Where you are posting from.
- The emotional content of your posts.
Best practice if using social media during a personal injury claim
- Limit your use of social media platforms
- Check your preferences – Facebook’s default privacy settings allow anyone to see your information, even if you’re not connected as friends. Ensure to change this right away.
- Monitor photos and what your friends post. Keep a close eye on photos you post but also ones that you are tagged in. If you feel any posts or photos could incriminate you, untag yourself or ask the person who posted it to delete it right away.
- Monitor comments and be cautious when commenting on friends’ statuses or photos – even a comment that could be misconstrued as angry or irritable toward another person could be used as evidence.
- Consider your entire online presence including social media platforms, blogs, or forums. These may all be sources of information for Insurance Lawyers, Claims Officers, or Investigators.
- Ask yourself: “Who am I really sharing this information with? Could it be used as harmful evidence?” If your gut tells you yes, it’s probably a good idea to refrain from posting it.
The impact that social media can have on your case ultimately falls into your hands. However, you may not consider the way that your actions online could be misinterpreted with the details of your case. Being cautious or not posting on social media at all is our best advice when navigating a claim.
For further guidance and legal advice making a personal injury claim, get in touch with our team of legal experts at Optimum Compensation Lawyers.
info@optimumcompensationlawyers.com.au
1800 000 625