Facebook, Tik Tok, X, and Instagram are household names and social media platforms used by most of us these days. Not only are these platforms a way to stay in touch with friends, post pictures of our pets and show our connections what a wonderful time we’re having on holiday, they are also a way for defendants and their solicitors to see what claimants are up to.
So what role does social media play in personal injury claims?
What is fundamental dishonesty?
It is becoming increasingly common for defendants engaged in litigation to allege “fundamental dishonesty,” where they suspect that a claimant has exaggerated or lied about their claim. This should involve more than just minor inaccuracies or slight exaggerations; it usually involves a claimant intentionally providing false information or withholding material facts with the intent to deceive the court or a defendant.
It can be an expensive mistake. If a claimant is found to be “fundamentally dishonest,” not only will their claim be struck out, but a judge can also make a costs order against the claimant that can run into the thousands, and, in extreme examples, can lead to imprisonment!
The role of social media in personal injury claims
It has become more common in recent years for defendant insurance companies to carry out their own research via social media on claimants to ensure that the information provided to the defendant, in pursuance of a personal injury claim, is accurate. Defendants are, without question, becoming more vigilant when it comes to carrying out social media research, often tasking staff with one objective: to find something posted by a claimant on social media which they can then use to paint him or her as dishonest and which undermines their credibility and consequently their case.
One such case is Susan Sanderson & Others v Sonae Industria (UK) Limited. This was a case involving 20 claimants who alleged had been exposed to clinically significant levels of smoke following an industrial fire at Sonae’s plant in Kirkby and claimed they had suffered personal injuries as a result. Unbeknown to one of the claimants, the defendant’s Solicitors were monitoring his social media, and discovered not only messages to another potential claimant asking him whether he had “jumped on the Sonae claim bandwagon,” but also his post using the hashtag #showmethemoney.
His claim was dismissed, and the ramifications were severe.
People often post things on social media which they want people to see. Posts on social media often display a false reality, with users posting an airbrushed version of their lives. Social media can provide crucial evidence to support a claim. But, on the other hand, a defendant can use social media platforms as a tool to spin harmless posts made by a claimant out of context against that claimant thus undermining them and their claim.
It is so important that the instructions you give your solicitor are consistent with the posts you make on social media.
So, what do we advise?
- We advise setting your social media accounts to private.
- Don’t post anything about your injury, your case, or your activities. Defendants can use the most innocent and seemingly harmless posts (taken out of context) against you.
- Use us! It’s what we’re here for! We can advise you on whether a post is appropriate or not if you’re not sure.
Finally, remember, social media posts often remain online indefinitely. So, think, think, and think again before you post something which could potentially be used against you and stop you from obtaining the compensation you deserve.