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Can an insurance adjuster or defense attorney use your “Social Media” account, i.e. Facebook and Twitter, to undermine the personal injury claim you have against their insured. The answer is an emphatic yes. Insurance companies and defense attorneys can investigate your Facebook and Twitter accounts to find tweets, posts, photos and likes that potentially can prejudice your claim. They may cite your social media interactions to challenge the injury claims, and can at the very least cast doubt on your credibility.
The first and most obvious place an insurance adjuster or defense attorney may look is at the words that you have written and which are available to the public on your Facebook status updates and your written replies to the posts and status updates of others. If you are interacting with your Facebook friends by “liking” certain posts, a defense attorney can cite that post as if you wrote it yourself. For example, if you have clicked “Like” on a post from a disreputable source, you can be branded as having similar views. All of the Facebook pages you have liked and the groups that you have joined will be scrutinized in your personal injury claim.
If you are claiming an injury due to an accident an insurance adjuster can download your photos to ascertain if any can be used to challenge whether you are as injured as you claim. Photos that show you performing any type of physical activity can undermine your claim for pain and suffering, also photos that show you participating in social events can be used to cast doubt on your claim loss of life’s employment.
When it comes to social media, your best offense is a good defense.
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