Insurers use social media against injured Plaintiffs

Insurers use social media against injured Plaintiffs

A Queensland court has reduced the amount of damages payable to a woman injured in a transport accident because the description of her injuries did not match her social media posts.

The woman was 17 at the time of the transport accident, and stated in Court documents that her injuries had severely hindered her home, social and academic life. She stated that she suffered ongoing back and chest pain, which were worsened by various activities of daily living.

However, social media accounts presented before the Court indicated that she had a healthy social life and attended music festivals and hotel events. It also contradicted her evidence as to what she planned to do for work after completing school. As a result, while she still received some compensation, it was considerably reduced as her account of her pain and suffering could not be accepted according to Justice David North.

The case serves as a timely reminder to monitor what is posted on social media and also strengthen security settings. For many years now, injured workers and Victorians who have been injured in transport accidents have been the subject of surveillance by insurance companies. The advancement of technology means that this supervision has now extended into the social media domain.

If you have been injured at work or as a result of a transport accident, we invite you to contact one of our personal injury experts on (03) 9321 9988

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