How Facebook and Twitter may influence your entitlement to accident benefits and tort claims

Understanding your privacy rights when you are in litigation with an insurance company following an accident can be an important part of managing your claim for accident benefits and tort damages in Ontario.

If you make a claim, insurance companies have the right to request a variety of types of records, that may include your medical, hospital, and prescription records, and employment and income records, in addition to others. They also have the right to conduct surveillance of you.

It has also become standard practice to search the digital universe for information that could be used against you in determining your entitlement to benefits. Court decision have found that information from social media sites like Facebook and Twitter will, in some circumstances, be relevant to making a decision about your entitlement to compensation.

We recommended that you change your privacy settings on social media sites to limit access to your information. Even with these precautions, the information may be considered relevant to your claim. To make sure your personal injury claim sees the best possible outcome, you should never post details about the accident, your injuries, your health or your treatment to any website.