How Facebook and Twitter May Influence your Entitlement to Accident Benefits and Tort Claims

Social media is one of the most popular forms of communication in North America and more than 74% of Internet users have accounts on Facebook, Twitter, LinkedIn or one of the other trending websites. Social media is an amazing tool to stay in touch with friends and family but there are also downsides to posting and updating on a regular basis. One of the downsides could end up costing you a great deal of money if you are seeking a benefits claim if you are involved in an accident.

The news has reported a number of denials due to social media posts and insurance companies admit that they will fully investigate every injury claim to the fullest extent possible. Several infamous cases include people making an injury claim, but have pictures posted of them dancing or playing sports after the accident.

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.