Face­book posts could scup­per my in­ury claim – UN­LIKE!

Motorcycle News (UK) - - Garage - An­drew Camp­bell Solic­i­tor and au­thor of the MCN Law col­umn for the last five years

I have a claim for personal in­jury – a bro­ken tibia and fibula – go­ing ahead with my in­sur­ance com­pany’s solic­i­tors. The claim was go­ing as I ex­pected un­til last week, when my solic­i­tors told me that the other side is now for­mally ac­cus­ing me of ly­ing. They say they have some of my Face­book posts which show that I’ve been ex­ag­ger­at­ing my in­juries, which I haven’t, and now they’re not go­ing to pay me any­thing. My solic­i­tor said she hasn’t come across this before and is look­ing into it. What should I do? Anony­mous, email The lan­guage used by the De­fen­dant sug­gests that they are ac­cus­ing you of be­ing ‘fun­da­men­tally dis­hon­est’. This is a rel­a­tively new con­cept and so far there is no for­mal def­i­ni­tion of fun­da­men­tal dis­hon­esty in law, but there are in­stances where claims have failed be­cause peo­ple have been found to have been fun­da­men­tally dis­hon­est in ex­ag­ger­at­ing only one as­pect of their claim.

It’s now rou­tine for De­fen­dant In­sur­ers to look through claimants’ so­cial me­dia ac­counts. This can cause prob­lems be­cause most peo­ple post only good things rather than con­stantly say­ing how mis­er­able life is after be­ing in­jured. This in turn can make it look like you’re ex­ag­ger­at­ing your claim.

Your solic­i­tor will need to treat this al­le­ga­tion with the ut­most im­por­tance and should be able to ad­vise you fur­ther once they have cross-ref­er­enced the Face­book posts with your pleaded claim.

‘It’s now rou­tine for in­sur­ers to look through claimant’s so­cial me­dia’

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