In a world where posting a picture of your lunch can spark debate, social media has become the digital stage where we connect, perform and occasionally overshare. Whether its snapshot of a meal in Marrakech or just a coffee in Kelvingrove Park, digital footprints are like diamonds, both are forever, but one might come with a few more regrets and a lot less sparkle.
If you’re pursuing a personal injury accident claim, it’s important to be aware of issues that can arise as a result of social media activity. Luckily, our experts are here to give you the all the information you need so it doesn’t affect your claim, now or in the future.
Can You Be Forced to Hand Over Your Social Media Data?
While you may think everything you post online is private, you may not be aware that those defending against your personal injury claim can still request access to your social media once court action has been raised. This also includes any data relating to your physical activities or the way you’re presenting yourself post-accident. It’s likely the court will find the data relevant to the case and rule that it must be provided.
Social Media and Personal Injury: A Public Record
Whilst posting about struggles, accomplishments and daily activities after an accident may seem harmless or even therapeutic, they can have significant legal consequences if you’re involved in a personal injury claim. Insurance companies and their solicitors can easily access the information you post online and use it to challenge the validity of your case.
If you’ve been in an incident such as a road traffic accident, and you’re claiming compensation for physical injuries that affect your mobility or physical abilities, any social media post showing you taking part in activities that contradict your claims could undermine your case. It could be a picture of you walking for miles in the park, posting about a run you’ve completed, or sharing a video of a family gathering where you appear to be active and pain-free, these seemingly innocent actions can be weaponised to dispute your injuries.
We recommended regularly reviewing and adjusting the privacy settings on your social media. This includes setting profiles to private, limiting who can view posts, and restricting who can send friend requests or messages. Additionally, it’s always important to think carefully about sharing sensitive details such as location, employment, or personal opinions that could be misinterpreted. It’s also wise to avoid posting about legal matters or any ongoing disputes.
Tracking Apps and the Digital Footprint
Beyond photos and status updates, one thing that clients may not think of is data that can be retrieved from apps that track your activities. Strava, for example, is an app popular with runners that records detailed data on your physical activity. Strava tracks data including the distance travelled, pace, and time spent on each activity. Even if you aren’t a runner, Strava can also track other types of activity such as cycling and fitness classes. It’s worth being aware that all of this data can and may be obtained and used as evidence.
The same goes for any records kept by fitness establishments. If you claim to be too injured to engage in certain physical activities post-accident, but your PureGym attendance records show that you’ve been regularly exercising, this inconsistency can severely damage your credibility and the strength of your accident claim. It’s important to know that even if you are in genuine pain but you’re still able to take part in some light exercise, posting about it can raise questions about the severity of your injury and whether your claim is truly valid.
Insurance companies and solicitors defending against claims are well-versed in combing through social media and digital footprints to identify discrepancies. The problem is that once these inconsistencies are discovered, they can be tricky to explain away. The burden of proof falls on the Pursuer, which means that if you’re the one raising a claim, it’s up to you to provide evidence to prove it. If you’re seen as unreliable in one area, your entire claim could come under scrutiny.
Think Before You Post
Social media might be a handy platform for sharing your brunch pics or favourite memes, but it’s also a potential treasure trove of evidence for anyone involved in a personal injury claim. So, before you post that “living my best life” selfie, remember – what you share online could come back to haunt you in court. Whilst you may have privacy settings in place to limit the number of people who can see your posts, it’s important to remember that once something is shared online – it is out there forever. So, keep your privacy settings tight, your posts thoughtful, and maybe save the party pics for after your claim is settled!
