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Avoid Using Social Media Until Your Insurance Claim is Resolved

  • Published: 2011-02-21 (Revised/Updated 2016-03-24) : Author: Doyle Raizner LLP : Contact:
  • Synopsis: Insurance adjusters have begun utilizing strategies and tactics for conducting investigations into claims of insured parties using social media.

Main Document

"...anything that you post can be used and misused by the opposing side, and will likely only serve to undermine your case in the courtroom."

Stay away from Facebook and Twitter while your case against the insurance company is pending. At the very least, don't write about the case.

Adjusters Aren't Your 'Friends' on Facebook and Twitter

Insurance adjusters have begun utilizing various strategies and tactics for conducting investigations into the claims of insured parties using social media.

For those who have a claim against an insurance company or have suffered a serious personal injury or injury while on the job, such as a serious maritime injury, brain injury, or oil field injury , it is safest - for the sake of your claim - to carefully consider any posts on social media sites, or any other website for that matter.

Why? Because what you post can and will be used against you. Be Careful What You Post

Whether in the context of a personal injury claim, a home insurance claim, or even a business claim, posts that are wholly unrelated to the claim or a person's physical or mental condition can be innocently misunderstood or even twisted into ammunition for the opposition. This includes posts on Facebook, Twitter, LinkedIn, YouTube, MySpace, Yelp, or any other social media platform.

Win Your Case in the Courtroom, Not Online

Ultimately, cases are argued in a courtroom. It may make you feel better or more connected with others to let them know what is going on in your case and your life - whether good or bad. But anything that you post can be used and misused by the opposing side, and will likely only serve to undermine your case in the courtroom. In the end, focus on winning your case in a court of law, not the court of public opinion.

At the Very Least, Use Privacy Settings

Here are two concrete things you can do to protect yourself: -Most social media platforms default to the minimum level of privacy, meaning that if you create a profile and leave it as-is, most viewers can see what you've posted and who your friends are, and that includes insurance adjusters and opposing counsel. Use privacy settings to set your profile to "friends only" or selectively hide certain portions of your profile. You can always go back to your previous settings--after your case is finished. -Do not write about your case or your activities. Anything you write can be used by adjusters and opposing counsel to either refute or validate your claim. Most often, it is the relatively innocent post - "heading downtown for dinner with friends" - that can be twisted and damage your case.

Finally, use your best judgment. If you must use social media while your case is pending, be mindful of the image you portray to the world. Adjusters and the opposing lawyer certainly will be.

Contact Doyle Raizner LLP

We represent seriously injured clients from around the world. Our cases include the broad range of maritime accidents, including Jones Act claims, and hurricane damage disputes and other types of insurance disputes. We regularly litigate complex cases against insurance companies. Contact the lawyers of Doyle Raizner to discuss your case.

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