McHale & Co. Solicitors Blog

Social Media and Personal Injury

I recently discussed the pitfalls of social media and how easy it is to fall foul of defamation laws.  Social media can also be used when dealing with personal injury claims.

When working at a defendant road traffic accident firm, I was able to show that a claimant was exaggerating his claim just from one quick look on his Facebook profile. On my desk I had his medical report explaining that he told the medical expert he could not lift his arm above his head, and was generally unable to do much because of his debilitating injury. Yet in front of me I could see he had just that day posted on his Facebook page a number of pictures of his ‘lads weekend’ ,which included, among other activities, paintballing and rock climbing. There was no doubt he was injured in the accident, but unfortunately for everyone involved he wanted to get as much out of the insurer as possible.

In another case I dealt with, my client, the claimant, was accused of lying about the circumstances of the accident, with the defendant insurers refusing to settle his claim as a result. Again, one quick look on the defendant’s Facebook profile showed the claimant was telling the truth all along - the defendant had posted on his wall the fact he was at fault for the accident, but couldn’t stand the thought of a taxi driver 'getting one over on him'.

So, if you are going to lie, don’t be so stupid and use the biggest social media platform to show this. No solicitor wants to deal with a client who is trying to defraud the insurer, and thankfully I do not come across this much. On the other hand, no innocent victim wants to be doubted when a scrupulous defendant lies about the circumstances of the accident. Luckily, in such situations, we are here to assist. 

Categories: Personal Injury
Tags: Social Media