In today’s digital age, social media has become an integral part of our daily lives. You must remember though, that what goes online stays online and can be seen by people who are not necessarily part of your close circle of friends and family. Even if you delete a post, it may still exist in the form of screenshots or backups.
A growing number of insurance companies are using social media to discredit claimants and reject their personal injury claims. Some insurance companies are hiring social media and digital experts to scrutinize social medical accounts, looking for evidence that could suggest a claimant is exaggerating or lying about their injuries to discredit them and derail their case.
Case Study: Thomas v Owen
An example is the recent case of Thomas v Owen (21st March 2024, Cardiff County Court). In this case, a claim for damages following a road traffic accident was dismissed after a 5-day trial. The court found the claimant fundamentally dishonest. Her social media posts revealed that she had participated in exercise classes and strenuous walks despite claiming her mobility was severely restricted. This case highlights how social media posts can adversely affect a personal injury claim.
Fundamental Dishonesty in Litigation
Defendants in litigation can raise fundamental dishonesty if they suspect a claimant has exaggerated or lied about any part of their claim. In addition to the claim being dismissed, a finding of fundamental dishonesty can be expensive for a Claimant. According to the Civil Procedure Rules 1998, orders for costs can be made against the Claimant and enforced to the full extent where the claim is found to be fundamentally dishonest. This means that qualified one-way costs shifting, which generally prevents a losing Claimant from bearing the Defendant’s costs, would not apply. Additionally, a finding of fundamental dishonesty can lead to criminal sanctions, including proceedings for contempt of court against a claimant who exaggerates or lies about their claim.
Social Media Caution During a Claim
While much of what we share on social media is innocent, it’s important to be mindful if you’re involved in a personal injury claim.
You may believe you have nothing to hide, but insurers might misinterpret your social media activity to portray you as dishonest.
To mitigate the risks of social media to personal injury claims, be cautious about what you post while your claim is pending. Think carefully before posting anything on social media that could be in anyway related to your claim. If you are unsure about posting something, then play it safe and don’t post it. You could also speak to your friends and family about not posting about your accident or injury.
Miscommunication online can lead to misinformation that insurers could use to undermine your compensation claim.
If you or a loved one have had an accident and you believe there may be a personal injury claim , please contact, Lisa Chambers, on 0161 930 5156 or Lisa.Chambers@gorvins.com for a no obligation discussion.