We write often of the need to consult with an attorney after an accident, and about how insurance companies often try to settle your insurance claim for less than the amount you are actually due. What we have not touched on? Some of the methods insurance companies use to dispute your claim.
Often when you enter into litigation, your claim will allege that because of an accident you were involved in, you are suffering physical pain. This could mean you are participating in physical therapy, that you are no longer able to do the activities you once enjoyed, or that your overall quality of life is diminished.
Cue the scene for the insurance company to come in – did you post photos of a recent family vacation? Were you standing up straight? Were you smiling? Were you, heaven forbid, on a four-wheeler? Insurance companies will narrow in on any piece of evidence they can find to dispute that you are as injured as you say you are. Be smart and be prepared. In an age of oversharing, choose to abstain. Insurance companies often serve a plaintiff with discovery requests, asking them to produce all social media posts over the last few years. This is not considered to be an invasion of privacy, and whatever they request in relation to your posts will most likely be granted. Anything you have posted that might hint that you are happy or well in any way will be produced and potentially shown to a jury.
The above listed information is not common sense to the pro se litigant who is merely trying to get their insurance company to cover their medical expenses after an accident has occurred. Do yourself a favor and set up a free consultation with the attorneys at Bryan, diStefano & Mattingley, PLLP today. They have dealt with countless insurance matters and will counsel you on how to proceed. And remember, think before you post; Big (Insurance) Brother may be watching.