Is your insurer using Instagram, Facebook, TikTok or LinkedIn to dispute your personal injury claim? A post can provide information about an activity, but it does not automatically prove that your symptoms are untrue. The date the image was taken, its completeness, its context and its relationship to your earlier statements are essential. Ask which specific conclusion the insurer draws from which post.
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Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
A public photo is not a complete medical assessment
People often share special moments on social media. A short walk or a visit to a party says little about the rest of the day. Sometimes a photo is old, has been reposted or was published by someone else. A business profile may also mention work that you used to do or have since outsourced.
That context must be substantiated. Keep the original files, publication details and relevant posts. Describe precisely what you did, for how long and with what help. An explanation such as “social media is never real” is too general. A specific explanation backed by verifiable information does help.
Which inconsistency are you accused of?
It makes a difference whether you said you cannot walk at all, cannot walk for longer than ten minutes, or experience symptoms after walking. A photo may affect one statement without disproving another. Ask the insurer, therefore, to identify your original statement verbatim and link it to the image on which the allegation is based.
An inaccurate description may be a mistake, but it may also give rise to further questions. Fraud requires more than a mere discrepancy between a photo and a general description of your symptoms. Defend the correct facts; do not deny an activity that can be proven and do not try to alter evidence after the event.
May public information be collected without limits?
The fact that information is publicly visible does not set aside the privacy rules. Among other things, the insurer must have a legal basis and a purpose, and must limit collection to relevant data. Systematic monitoring, combining information with other sources or drawing conclusions about health can be more intrusive than viewing a single post.
The Code of Conduct for the Processing of Personal Data by Insurers 2024 (Gedragscode Verwerking Persoonsgegevens Verzekeraars) provides a sector framework alongside the GDPR. Separate rules apply to data in the incident register and the External Reference Register (EVR). Which rules govern a specific investigation also depends on the timing and the processing involved.
What should you do if you are accused?
First ask for the selected posts, the date they were collected and the decision based on them. Then draw up an overview with three columns: the alleged activity, the actual context and the available evidence. Have a medical adviser assess whether the activity is genuinely inconsistent with the limitations you have reported.
Also address who manages the account. A self-employed person may have commercial posts published while not working themselves. A group photo does not prove who lifted an object. Such explanations are strengthened by diaries, instructions given to staff or statements from people who were present.
Do not delete or manipulate relevant posts in order to frustrate an investigation. Preserving material is wiser than arguing later about content that has disappeared. You may, however, review your privacy settings for the future.
If payment is withheld or a registration follows
An insurer may dispute an item of loss without thereby having sufficient grounds for a fraud registration. Ask for separate reasons for the benefit decision, any termination and any registration. In addition, a personal injury claim against the other party’s compulsory motor liability insurer (WAM insurer) is subject to different principles than a claim under your own property and casualty insurance.
If you have already been offered a settlement agreement, do not sign it merely to end the social media investigation. A full and final discharge may have consequences for future losses. First have it established which risk is real and which losses are still outstanding.
Frequently asked questions
Is a holiday photo proof that I am fit for work?
Not necessarily. Holiday activities and sustained work make different demands. The actual activity may, however, give rise to targeted questions.
Can a LinkedIn profile undermine my claim for loss of income?
An up-to-date profile can be relevant, but a job title says nothing about how much you actually work. Provide evidence of how the work is carried out and of any replacement.
Do I have to hand over my password?
A request for full account access is far broader than a question about a specific post. Ask about the purpose, the necessity and a less intrusive alternative before you decide.
What if the photo was taken before the accident?
Provide the original file or other reliable evidence of the date. The publication date is not necessarily the date the photo was taken.
Is every mistake fraud?
No. An allegation of fraud requires the necessary intent to be substantiated. A mistake must, however, be corrected promptly and clearly.
Which documents does Arslan need?
The letter setting out the allegation, the complete posts or images, your earlier statements and the relevant medical context. This allows a targeted assessment of what the material does and does not show.
Read more about personal investigations, loss of income and the burden of proof in fraud cases.
Have the posts used and the rejection of your claim assessed.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
