Social Media and Your Personal Injury Claim in Ontario

You might not think much of a quick post or comment, but sharing your life online can quickly become a threat to your personal injury case. Learn how to safely navigate social media without hurting your outcome from our expert personal injury lawyers. 

So many of us use social media daily that it’s practically become second nature. And while it’s a great platform to connect with the people around us and maintain those relationships most important to us, we must be careful with what we choose to share.

Once our social posts are out there, it’s impossible to control where they go and who sees them—even if you have a private account.

When it comes to personal injury claims, many insurance companies and defence attorneys are looking for ways to undercut your payout and minimize their financial obligations. 

If your social media activity provides them with that ammunition, they’ll use it to argue against your claims. Our personal injury lawyers are here to guide you through how to strike a healthy balance between social media and personal injury claims that keep you safe without having to unplug completely. Read on to learn more. 

Why Insurance Companies Scrutinize Your Social Media

Insurance adjusters are employees of a for-profit business. Even though insurance companies are in the business of helping, they’re also looking to maintain a healthy profit margin and protect their bottom line. They want to ensure every penny they pay out is viable, and they’re often motivated to try to undercut your payouts. 

Because insurance adjusters are at the front lines investigating your claim and determining the extent of your injuries, you can guarantee they’ll likely check your social media presence as a part of their processes. 

What is social media proof?

They may use things you post to:

• Question Your Injuries. If you’re posting pictures that put your claims of pain or loss of function into question, a claims adjuster may downplay your injuries and argue they’re not as severe as claimed.
• Dispute the Cause. If an accident occurred in a certain place but you participate in risky hobbies or sports, they may try to deny your claim and question where and how it happened.

• Ruin Your Credibility. If there are any inconsistencies or even hints of inconsistency between your social activity and statements made to the insurance company, those could instantly damage your credibility and make it difficult to win your case. 

Can Social Media Posts Be Used As Evidence?

Are Facebook messages admissible in court in Canada?

Since it’s relatively new, social media has been a grey area in the legal world for some time, but the laws are shaping around it as rulings set new legal precedents. In Mohamud v. Juskey, for example, the Ontario Superior Court ruled that plaintiffs must disclose all social media content relevant to their case, even private messages, DMs, or deleted posts. 

So, those seemingly harmless activities like posting vacation photos or sharing updates could be used against you to challenge your claim. Since there’s nowhere left to hide and no right to privacy here, you must be diligent in how you share and communicate online. 

Stay Offline: What to Avoid Posting on Social Media

If you’re not opposed to it, completely deactivating your social media accounts until after your personal injury claim is settled is the only way to completely eliminate your risk. 

For some people, going weeks and months without social media isn’t a viable option, but there are still ways to keep yourself safe as you scroll.

What is evidence obtained from social media?

Avoid posting:

• Details About the Accident. Don’t discuss the accident in DMs or posts, including any circumstances around it, anyone who was at fault, and any settlements you’ve received or are working to receive. Even seemingly small and irrelevant details could be scrutinized and misused.
• Information About Your Injuries. Don’t discuss your injuries and any specific details surrounding them. Don’t post at the doctor’s office or update your socials with progress updates.
• Content About Physical Activities. Even when injuries only cause partial mobility issues, any posts of yourself engaging in physical activities can be enough for a public insurance adjuster to call your claims into question. Remember that social media is a quick snapshot of our lives. They might see you out walking and enjoying a “perfect” day, for example, but you’re not likely to post the painful evening that follows after you push yourself too hard. That snapshot can be misleading.

• Social Life Updates. Don’t post yourself out having fun with friends or on vacation because those events could be used to minimize the impact of your injuries.

• Venting About Your Situation. Injuries can be frustrating, but avoid venting anything that could hurt your case, including posts on injuries, treatment, or badmouthing the insurance company. Everything should stay strictly offline to ensure no legal lines get crossed that could jeopardize your case. 

Tips for Protecting Your Personal Injury Claim

While you’re up to speed on what to post and what not to post, remember to review your profile and stay even more vigilant of your social privacy.

1. Review your privacy settings and set all social media accounts to private to limit who sees your posts.
2. Delete all followers you don’t know personally, and don’t accept new friend requests unless you directly know the person. Many adjusters will anonymize themselves and attempt to gain access to your posts by sending a follow request.
3. Share your situation with your friends and family and ask them to be discreet. If they can avoid posting or tagging you until your case is over, you minimize the risk of social media getting in the way.
4. Become a lurker. If you can’t avoid social media altogether, stick with liking and commenting on other people’s posts and keep a relatively low profile for as long as possible. 

The Morris Law Group—Personal Injury Claims Canada

Navigating the world of social media after an injury can be tricky, but it’s vital to protect your personal injury claim and stay offline as much as possible. By being mindful of what you share and working to safeguard your privacy, you can keep social media from jeopardizing your chances of receiving fair compensation. 

Our expert legal team at The Morris Law Group has successfully advocated for clients for 60+ years and can help you better understand your social media protections. If you need a lawyer for injury in Hamilton, our team is ready to help. Request a free consultation or call us at 905-526-8080 to learn more.