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Auto insurance companies using social media to investigate claims

By Daniel E DAngelo Esq on December 5, 2012

social media used to undermine claims filed for automobile accidentsMillions of people use the internet and social media like Facebook on a daily basis to communicate by posting comments and photographs about their lives.  Surprisingly, many people still underestimate their privacy on the internet, social media, and other digital information.

Recent examples include, CIA Director David Petraeus whose emails with a woman he had an affair lead to his resignation from the CIA. A Massachusetts woman also learned a harsh lesson when she and a co-worker, posted a photograph on Facebook of her gesturing with her middle finger and appearing as though she was screaming at a “Silence and Respect” sign at Arlington National Cemetery while on a company trip. Public out cry over the incident led to her termination.

Even after numerous examples of mistakes by others, people still don’t realize how the internet is not private, preserves your past activity, magnifies your gaffes and other offensive behavior, and can be used against you. Before the internet or social media, comments made behind closed doors or only to a few were not as detrimental because it was limited to only those who heard it and was hearsay.  The internet, however, is like a room with ears, recording everything you post, and can be quickly disseminated to millions to see and judge.

The internet and social media is a gold mine for automobile insurance companies to run free background checks on anyone making a claim for injuries as a result of a car accident. Automobile insurance companies hire investigators and investigation firms that do nothing but scour the internet and social-networking websites for information to embarrass and discredit victims of automobile accidents.

Insurance investigators use deceptive tactics to gain access to social media accounts by using false names and false profile photographs so you will unwittingly accept their friend request. Once they gain access, the investigator will download photographs and other information posted your social media websites. They will also obtain names of friends to try to get access to their social media account to get more information to discredit you and your friends. Depending on your security settings insurance companies may not even need to use deceptive tactics to get your information. Public portions of your social media account may be freely viewed, such as your profile photo, other photos, comments, or tweets. If you need a reminder of your lack of anonymity on the internet and the ease with which information about you can be found, just “Google” yourself and see what comes up.

Photos of you drinking and partying or participating in an activity or event you claim you could not participate may be used to color you as a person who has bad character, is a liar, and/or not injured as you claim to be. Even if the impression is untrue or misleading, it could have profound consequences for your claim.

Other than its lack of privacy, one other problem with social media is that it often presents a slanted or misleading picture of a person’s life. Think about your Facebook page and your friends’ pages. Aside from the people who give updates about their mundane daily events or what their cat is doing, it’s mostly about noteworthy achievements or joyous occasions such as completing a marathon or a recent trip to Italy. Most Facebook users don’t post photos of themselves crying and in pain laid up on the couch because they can’t move.

More and more, insurance companies are attempting to use information mined from social media to discredit, intimidate, embarrass, and harass personal injury victims. Before posting any information or photographs on your social media accounts you should think about how it could be perceived by someone who is skeptical about your injuries. For example, a photo of you holding a beer with friends at a party, that may seem harmless to you, could be used to paint you in a bad light.

If you have  a social media account like Facebook, Myspace, Google Plus, Twitter, or LinkedIn, and have been injured in an automobile accident it is a very good presumption that the automobile insurance companies involved are looking at those websites. They may even try to friend you with a fake user account. Make sure to set all your privacy settings as high as possible and your account is not open to public viewing by anyone, even with the highest security settings don’t post any information that could be perceived as distasteful or you wouldn’t want your super conservative grandmother to see, don’t accept any friend requests from anyone you do not know, be truthful and never ever do or say anything that is contrary to what you post on your social media account and think that it won’t be discovered by the insurance company and used against you.