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Social media is everywhere. Over the past five years, the insurance industry has used social media as a tool in accident investigations, according to Edmunds.com. Why, because social media websites, such as Facebook, are real-time. Facebook, and other social media, users post photos and messages about their lives and lifestyles. The content of social media sites is a valuable source for investigation of claims. 

Only 5 percent of American adults used at least one social media platform in 2005 when Pew Research Center began tracking social media adoption. Half of all Americans by 2011 used social media, and today 70 percent use some type of social media. For many it is part of their daily routine using social media sites like Facebook and Instagram at least once a day. 

According to NICB (National Insurance Crime Bureau), one of the reasons insurance companies started to use social media in investigations was fraud. Insurance fraud, according to the Insurance Information Institute, accounts for about $30 billion in claims annually. 

How could social media be used against you? 

As an example, prior to the popularity of social media, a juror in a personal injury lawsuit witnessed evidence provided by the defense attorney using surveillance. The case was a back injury case, and the defense showed photos of the plaintiff lifting an engine into a vehicle just weeks after the accident. The jury verdict was in favor of the defense. 

Now investigators do not have to depend solely on surveillance photos. They can go right to social media. Claims adjustors use publicly-available content of their customers when seeking any information upon which to build a case and deny claims or lower payouts, according to the International Business Times (IBT). 

Claimants’ social media networks can provide clues to driving habits. If a claimant posts videos on their websites, for example, of bad driving, could this mean they are fans of reckless driving? If photos of claimants in a bar parking lot are posted, could this suggest they drink and drive? Even bad reviews on eBay could provide hints about the type of person the claimant is, says IBT. 

Can your social media settings protect you? 

Not really. Even though social media websites do offer customizable privacy settings which make it more difficult for someone to access an account, the settings are not totally safe.   

Information on social media sites that is set to be visible to friends and “friends of friends” may seem safe. However, investigators may send a friend request to someone you may know. If accepted, the claims adjuster can see everything. 

Insurance companies claim that the fine print in social media websites’ Terms & Conditions have clauses of implied consent to publicly share information. Users of social media sites should assume that anything and everything posted can be viewed by anyone, anywhere. These sites are public domain sites. They are not private. 

“If you or a loved one has been injured in an accident,” said Fort Myers Personal Injury Lawyer, “please contact our experienced team. We are able to handle your case and advise you on how to handle your social media.” 

Fort Myers Automobile Accident Attorney,Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.