Car Accident Insurance Tactics
Insurance companies may spy on the claimant’s social media accounts to gather evidence that can be used to deny compensation claims for accident injuries. In some cases, claimants may post pictures or videos on social media that contradict their claims of being injured or unable to perform certain activities. For example, a person who claims they cannot work or exercise due to a neck injury may be seen in pictures on social media participating in physical activities.
To gather this evidence, insurance companies may use investigators or special software that can search social media for specific keywords, hashtags, or mentions related to a particular case. They may also look at a claimant’s public social media profiles, which can include photos, videos, and other posts that could be used against them to deny claims.
If an insurance company finds evidence that contradicts a claimant’s statements about their injuries, they may use it to deny the claim or reduce the amount of compensation awarded. This is why it’s important for claimants to be careful about what they post on social media and to avoid sharing anything that could be used against them in a compensation claim.
A man who attempted to claim thousands of dollars in compensation for injuries sustained in a car crash had his case thrown out after posting pictures on Facebook showing him completing an obstacle course. The accident victim had claimed he suffered neck injuries in the accident, which required surgery three years later and left him unable to work for three months.
The accident victim claimed he suffered from whiplash and prolapsed discs in his spine as a result of the car accident in August 2016, which occurred when he was driving and his car was hit from behind by another vehicle. AXA UK did not dispute liability but became suspicious of the victim’s claims regarding the extent of his injuries and inability to perform physical tasks, such as cleaning his home, playing football, or going swimming. Investigators for AXA UK, the insurance company representing the other driver, found images of the accident victim engaging in physical activities on holiday in Mexico, including climbing ropes, netting, and zip-lining, just six months before his surgery.
Despite claiming he was warned he might not be able to engage in sports after surgery, the claimant’s compensation claim was dismissed, with the judge stating that although he was injured, he was not able to prove that his prolapsed discs or surgery were caused by accident. A Norwich County Court judge dismissed the accident claim after the defense presented the social media photos of the claimant.
How to Protect Yourself From Accidently Damaging Your Accident Claim
Accident injury claimants should be careful not to post content that can damage their claim because insurance companies and defense attorneys often search for and use social media posts and other online content as evidence to undermine the claimant’s case.
For example, if a claimant posts a picture of themselves engaging in physical activities that contradict their claimed injury, this could be used as evidence to suggest that the injury is not as severe as the claimant has stated. Similarly, posts about travel or leisure activities could be used to suggest that the claimant is not experiencing significant pain or suffering.
Additionally, even seemingly innocuous posts or comments can be taken out of context and used against the claimant. Therefore, it is important for claimants to be mindful of what they post online and how it might be interpreted by others.
In order to protect their claim, accident injury claimants should avoid posting anything related to their accident, injury, or claim on social media or any other public platform. They should also set their social media accounts to private and be cautious of accepting friend requests or connections from people they do not know. By taking these precautions, claimants can help ensure that their case is not compromised by their online activity.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
If you or a loved one have been harmed in an accident, contact Parker Waichman LLP for a free consultation. Our experienced traffic attorneys are ready to fight for your rights and ensure you receive the compensation you deserve.
Do not hesitate to reach out to us today at 1-800-YOUR-LAWYER (1-800-968-7529). Our team is standing by to provide you with the support, guidance, and legal representation you need during this difficult time. We will thoroughly investigate the cause of the collapse and hold those responsible accountable for their negligence.
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