How social media can affect your Personal Injury Claim and Fundamental Dishonesty

Social Media is a massive part of our lives – most people have at least one social media account.

When you are posting on your social media accounts whilst recovering and during the process of a personal injury claim, it may seem innocent, but you may be unaware that if your posts are public, insurance representatives have the ability to view your posts.

This poses the risk that your own content will contradict the claims you make in your case.

Although you are suffering with your symptoms, physically or psychologically, the Insurer may interpret this differently.

Your posts may include holidays, parties, etc, and statements may show that you have physical capabilities, in contradiction to what you claim to the insurer or in court.

When pursuing a personal injury claim, it is your duty to be honest, and it is paramount that you do not exaggerate your claim in any way.

The Criminal Justice and Courts Act 2015 contains key reforms relevant to personal injury claims in Part 3 of the Act which relates to the phrase “Fundamental Dishonesty”, which came into effect on 13th April 2015. From this date, if it transpires that any aspect of your claim is considered to be fraudulent, exaggerated and/or a staged accident, the whole of your claim will be defeated.

Your case would then be struck out, and the Defendant would then seek to enforce their costs entitlement and instruct nominated solicitors to enforce all costs Orders to the fullest extent possible, against you personally.

Instances of this have happened many times before, so it is important that you tell the truth throughout your entire case.