What Effect Will My Social Media Presence Have on My Personal Injury Claim? A large percentage of the world’s population now uses social media – whether we are sharing, tweeting or simply just spectating, this fast-growing phenomenon is becoming increasingly popular and in some cases has proven to dominate the way in which people communicate. With that being said, social media is now being used by more insurance defence lawyers with the intention of challenging personal injury claims. Photos, videos and commentary taken from social media accounts such as Facebook or Instagram, have the potential to damage a claimant’s case. Being aware of those risks and taking appropriate measures may help protect one’s credibility in a claim. In Ontario, compensation can be sought for personal injuries caused by the assault or negligent actions of others. A personal injury claim may be crucial for obtaining compensation for things such as pain and suffering, loss of income and any out of pocket expenses for medical, self-care and assistance. Many of these cases however, often revolve around credibility. From the first notice of a potential claim, insurance companies search for information about the claimant. Typically, social media is the initial stop for the insurers and can be used to the detriment of the claimant. Additionally, an insurer will often conduct a search to gain insight into any claims the claimant may have pursued in the past. The first suggestion a personal injury lawyer may tell you is to be conscientious of the information you share on the internet. That information may appear years later and could be used in ways you would have not necessarily thought of at the time. In fact, it would be safe to assume that whatever you share can be looked at by your employer; your employer’s clients; a banker looking to determine whether a loan to you is appropriate; and of course an insurer looking to assess the validity of a claim of a person advancing a personal injury lawsuit. Avoiding social media altogether is the best way to avoid the possibility of information being used against you. If that is not possible, follow the tips below: 1. Wait until the conclusion of the claim before using social media. 2. If you must continue using social media, always have second thoughts about the content of your post: skydiving on vacation is probably not the best activity to demonstrate limitations and disability! 3. Ensure your social media pages are set to private and you only accept friend requests from people you know. With that being said, even with higher security settings, social media can still be accessible. Furthermore, there is case law in Ontario that suggests that private information meant for your family and friends is producible in a claim by court order. A master or judge may order production of your photos or comments and check-ins if the content is considered inconsistent with the claims advanced. Social media is free surveillance that insurers are quick to capitalize on. Imagine a photo of a claimant raising a glass of alcohol in a toast at a party or concert despite the pain of a torn shoulder; or leaning in the hood of a car that is being repaired by a girlfriend (but it sure looks like the claimant is repairing his car); or a week before a trial a claimant’s fiancé posts a photo on an open Facebook account of her fiancé being pulled behind a boat on a parasail! These are actual situations that are taken out of context by insurers but can seriously damage a case. Before making a personal injury claim, talk to a lawyer. At Devry Smith Frank LLP, we understand personal injury law and endeavour to always ensure our clients receive the full compensation they deserve and are informed on how to maximize the chances of their case succeeding. To learn how we can help you, or to schedule a FREE consultation, contact experienced personal injury lawyer, Marc Spivak at marc.spivak@devrylaw.ca or 416-446-5855. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Personal InjuryFebruary 21, 2020September 30, 2020
Insurance Adjusters in U.S. look to save time by using Drones to assess Damage Travelers Insurance in the U.S. is responding to the hurricane in Texas by training their adjusters to become certified drone pilots. Travelers Insurance had 65 certified pilots as of Friday among the 600 employees that are deployed to the Houston area. Overall, they have 300 employees that are certified drone operators, and are looking to get that number to 600 by early 2018. Other companies such as State Farm and Allstate have drones, but State Farm has decided to not use its drone fleet in Houston, just yet. Allstate has contracted a third-party drone operator to do hundreds of inspections a day in Houston. By using drones, insurance companies can save time and protect their adjusters from potentially unsafe areas, not to mention being able to get “the customer back on their feet more quickly, paying them more quickly so they can get their damages repaired as quickly as possible,” says vice-president of claims for Travelers, Jim Wucherpfennig. Since the Federal Aviation Administration (FAA) eased some restrictions last year, insurance companies have increased their fleets. Drones have become very inexpensive and as a result, most major insurers now have a fleet – “the benefits were evident in the response to Hurricane Matthew last October,” according to Jim Whittle, chief claims counsel for the American Insurance Association. If you are unable to enter an area due to restrictions or nature, you can fly your drone and get access to the property for an assessment. For Travelers, they do not expect their drone fleet to take the place of human adjusters, as the claims specialists will almost always do an on-the-ground inspection to get a proper final estimate. The drones allow for a head start. For one Travelers employee Laura Shell, a catastrophe claims specialist, she believes that by using a drone it will allow her “to get a look into areas that aren’t easily accessible and onto roofs,” to do her job quickly. In situations like Hurricane Harvey and Matthew it has become evident that the benefits drones provide are far reaching, not only for the insurance companies and adjusters, but also the insured, who are in desperate need of support in order to get their lives back on track after such devastation. At Devry Smith Frank LLP we have experienced lawyers in all areas of law. If you are looking for a lawyer or have general questions, please feel free to contact one of our lawyers today, or call us directly at 416-449-1400. By: Nicolas Di Nardo “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” By Fauzan SiddiquiBlog, Insurance DefenceSeptember 5, 2017June 18, 2020