Can Insurance Companies Use Your Social Media Against Your Injury Claim in Chicago?

Can Car Insurance Companies Use Social Media Against You?

They sure can. And they will!

How does what I do “in private” impact my personal injury case? Well, first of all, social media is hardly private. And second of all, the courts in Illinois generally allow this type of information to be come into evidence, making social media and personal injury claims an important issue to understand, or at least be used to cross examine within certain parameters.

But I’m Miserable

Well, that’s what you say. But can you prove it? Remember, the attitude of most auto insurance companies is to “deny, delay, and defend” personal injury cases. Part of this is done by “putting the plaintiff on trial” and making them prove EVERYTHING.

Claim you are injured in a car crash? Great, why did you wait five days to see a doctor. But you were seeing a chiropractor before the crash. You say that was keeping you healthy, but I’ll bet the good defense lawyer can make a jury believe you were previously hurt!

You have to think like the insurance adjusters and defense lawyers do; assume many plaintiffs are liars, exaggerators, or that their injuries are not all from the crash or incident complained of.

How Social Media is Used Against You

Claim you are hurt and then post a vacation photo of you smiling. Claim your right arm is injured and you can’t raise it above your head. Just don’t be shocked when that photo you posted on Instagram of you playing pick up basketball “dunking” on your 8 year old daughter is trotted out to refute your claim!

You say travel in a car is difficult on your back, but then you show a family event out in the woods a two hour drive from your home.

In short, In short, social media and personal injury claims often go hand in hand because social media is used the same way many other inconsistent statements or photos are utilized; to poke holes in your story, make you look less credible, and demonstrate you are exaggerating your injuries, or even gaming the system. To put a fine point on it, they want to show you are a liar!

Don’t Post; But Don’t Delete

If you have already made the mistake of posting something about your incident, your injuries, your medical treatment, OR ANYTHING THAT WOULD BE USED TO DISPROVE YOUR CLAIMS, don’t delete or remove them.

Why not? Because that in itself may be considered spoliation of evidence. If the other side asks for your social media (and they will) and your lawyer says, it no longer exists, you have a big problem. Better to disclose everything that is legally allowed than be caught deleting the allegedly incriminating posts.

Similarly, if you have a cell phone (and who doesn’t), don’t even think about texting friends or loved ones anything about your case, your injuries, or your treatment! The defense can also find ways to obtain your phone records and may even be allowed to subpoena and depose those friends and family members. Not only is this a hassle, it is also costly, and will ultimately hurt your case for the most part.

Listen to what your lawyer says about social media at the onset of your representation. If your lawyer isn’t talking to you about social media policies, you need to find one who does!

Takeaways

• Social media posts can be used against you in personal injury cases
• Don’t post about your injuries, the facts of the incident, your ability to function, your medical treatment, or even post things showing you following the incident.
• A lawyer will guide you through the best way to handle social media and personal injury claims, including your social media and phone use during the course of your case.

Contact Chicago Personal Injury Lawyer Stephen Hoffman

If you have been injured, whether by an auto accident, bike or pedestrian crash, dog bite, work accident, or medical malpractice, seek medical attention immediately. Report accidents to the police and your own insurance company, or to your employer if you were injured at work. Then contact a lawyer with experience in your type of injury matter.

If you have been in an accident and have questions, contact Chicago personal injury attorney Stephen L. Hoffman for a free consultation at (773) 944-9737. Stephen has over 35 years of legal experience and gets results; he has collected millions of dollars for his satisfied clients. He is listed as a SuperLawyer, has a 10.0 rating on Avvo, and is BBB A+ accredited. Stephen is also an Executive Level Member of the Lincoln Square Ravenswood Chamber of Commerce.

Stephen handles injury cases on a contingency fee basis, which means you pay nothing up front, and Stephen only gets paid if you do. You have only a limited time to file a claim, so don’t wait another day; contact Stephen now to get started putting your life back together.