How Social Media Can Damage Your Personal Injury Claim

Ami Stefana Popescu

If you have been injured in an accident that was not your fault and are pursuing a personal injury claim, what you post online could put your case at serious risk. Insurance companies and defendant solicitors now routinely monitor claimants’ social media profiles — and a single post, photo, or comment can be used to challenge or dismiss your claim entirely.

We live in an era where social media is woven into daily life. According to the Digital 2024 report, the average UK adult spends over two hours a day on social media platforms. That level of activity creates a significant digital footprint — and one that insurers have become skilled at exploiting. If you have suffered a serious injury and are considering making a claim, understanding how social media can affect your case could be one of the most important things you read.

In this guide, we explain how social media evidence is used against claimants, what the law says, and the steps you should take to protect your claim.

How social media is used as a weapon in personal injury claims

Insurance companies no longer rely solely on surveillance teams following claimants in person. Today, monitoring your online activity is a standard part of how defendants investigate claims. Many insurers retain specialist agencies whose sole job is to search through claimants’ social media profiles on platforms including Facebook, Instagram, X (formerly Twitter), TikTok, and LinkedIn.

The goal is straightforward: to find anything that appears to contradict the injuries or losses you have described in your medical evidence or witness statements. If you have claimed that a back injury prevents you from physical activity, but your Instagram shows you at a friend’s birthday party dancing, or your Facebook timeline shows you completing a sponsored walk, that content can be used by the defendant to argue that your claim is exaggerated or fraudulent.

Under section 57 of the Criminal Justice and Courts Act 2015, defendants in personal injury and clinical negligence claims can raise a defence of fundamental dishonesty. If the court finds that a claimant has been fundamentally dishonest — even in relation to part of their claim — the consequences can be severe:

• Loss of the right to compensation for the dishonest element of the claim
• Dismissal of the entire claim
• An order to pay the defendant’s legal costs
• In the most serious cases, criminal prosecution

Since 2015, there has been a significant rise in defendants raising fundamental dishonesty arguments, and social media has become a primary source of supporting evidence.

Notable cases involving social media evidence

To understand what is at stake, consider the following cases where social media evidence proved decisive.

Susan Sanderson & Others v Sonae Industria (UK) Limited [2015] EWHC 2264

Twenty claimants alleged they had been exposed to harmful levels of smoke following an industrial fire. The defendant’s solicitors monitored one claimant’s social media and found posts on X where he asked a fellow potential claimant whether he had “jumped on the Sonae claim bandwagon”, and multiple posts using the hashtag #showmethemoney. His claim was dismissed after a finding of fundamental dishonesty.

Wye Valley NHS Trust v Murphy [2024] EWHC 1912

Mr Murphy brought a clinical negligence claim arising from an arm injury. During medical examinations he stated he had not played rugby since the incident and had been unable to return to work. The defendant’s solicitors obtained evidence from his local rugby club’s social media pages showing he had played on multiple occasions in 2019. Facebook posts also revealed he had returned to work as early as 2018. His claim was struck out and he was ordered to pay the defendant’s legal costs.

Nama v Elite Courier Company Ltd [2015] 3 WLUK 154

The claimant relied on a witness he described as independent. It emerged through social media that the witness and the claimant had been Facebook friends since 2011 and had a long-standing relationship. This significantly undermined the credibility of the claimant’s evidence and the value of the witness’s testimony.

Can insurance companies see my private social media?

This is one of the most common questions we hear from clients — and the honest answer is that private settings offer less protection than most people assume.

Setting your profiles to private will reduce what insurers can see directly, but it does not eliminate the risk. There are several ways private content can still come to light:

• Mutual connections: A friend, family member, or colleague who follows you may be contacted or may inadvertently share content. Posts you are tagged in by others are often visible beyond your own settings.
• Court disclosure orders: In litigation, defendants can apply for court orders requiring you to disclose social media content, including direct messages.
• Screenshots: Content you have shared in group chats or with specific friends can be screenshotted and passed on — with or without your knowledge.
• Cached and archived content: Even posts you have deleted may have been captured by surveillance agencies, cached by search engines, or saved by other users before you removed them.
• WhatsApp and Messenger: Private messaging platforms are not immune. In some circumstances, the contents of private messages can be disclosed in legal proceedings, particularly if they are relevant to the issues in dispute.

The safest approach is not to rely on privacy settings as a shield. Treat everything you post — on any platform, in any format — as potentially discoverable.

Best practices for social media use during a personal injury claim

The simplest advice is to stay off social media entirely until your claim is resolved. If that is not realistic for you, follow these precautions carefully.

Do not post about your injuries, activities, or claim

Avoid sharing anything related to your health, physical activity, social outings, or the claim itself. Even a comment like “feeling better today” can be taken out of context and used as evidence that your injuries are less severe than claimed.

Adjust your privacy settings

While privacy settings are not a guarantee of protection, tighten them as a baseline precaution. Review who can see your posts, who can tag you, and what appears on your profile to people outside your connections.

Ask friends and family not to tag you

Content posted by others can be just as damaging as your own. Ask the people around you to avoid tagging you in photos or checking you in at locations, and to avoid posting anything that shows you engaging in activities that could be misrepresented.

Do not delete existing posts

This is critical. As a claimant, you have a legal duty to preserve relevant evidence, including social media content. Deleting posts after a claim has been made — or in anticipation of one — can be treated by the court as an attempt to destroy evidence. The consequences of non-disclosure can be as serious as the content itself. If you are concerned about something you have already posted, tell your solicitor immediately so they can advise you on how to handle it.

Tell your solicitor about existing posts that concern you

If you have already posted something that might be misrepresented, do not try to manage it alone. Bring it to your solicitor’s attention as early as possible. In many cases, context matters — an experienced solicitor can help you explain or address potentially problematic content before it becomes an issue for the defendant.

Consider historical posts

Insurers do not only look at what you have posted since your accident. Historical posts showing pre-injury activity can also be used — for example, to establish a baseline of physical fitness or lifestyle that they then compare to your claimed limitations. Review your accounts with fresh eyes and flag anything relevant to your legal team.

How we can help

At Osbornes Law, we understand that navigating a personal injury claim is stressful — and that the added concern of social media scrutiny can feel overwhelming. Our experienced personal injury team is well-versed in the tactics used by defendant solicitors and insurance companies, and we will advise you clearly on how to protect your position throughout the claims process.

Our specialist personal injury lawyers take a client-first approach, handling all the legal complexity so you can focus on your recovery. Whether your claim is straightforward or complex, we are committed to securing the compensation you deserve while protecting your credibility and your rights. Contact us by calling 020 7485 8811 or filling in our online enquiry form.

Frequently asked questions

Can social media affect my personal injury claim?

Yes — significantly. Insurance companies and defendant solicitors routinely monitor claimants’ social media profiles looking for evidence that contradicts the extent of the injuries or losses claimed. Even innocent-looking posts, photos, or comments can be taken out of context and used to challenge or dismiss a claim. It is important to exercise caution online from the moment you are injured until your claim is fully resolved.

What happens if the insurance company finds my social media posts?

If social media evidence suggests that your injuries are exaggerated or that your account of events is inconsistent, the defendant may raise a defence of fundamental dishonesty under section 57 of the Criminal Justice and Courts Act 2015. If the court upholds this, you risk losing some or all of your compensation, being ordered to pay the defendant’s legal costs, and in serious cases, facing criminal proceedings. The cases of Murphy and Sanderson (above) illustrate just how seriously courts treat this issue.

Should I delete my social media accounts during a personal injury claim?

No. Deleting posts or deactivating accounts after a claim has been made — or in anticipation of making one — may be treated as destroying evidence, which carries its own serious legal consequences. You have a duty to preserve relevant content. If you are concerned about something you have posted, speak to your solicitor straight away rather than deleting it. The right approach is transparency with your legal team, not removal.

What counts as exaggerating a personal injury claim?

Exaggeration does not have to be deliberate to cause problems, but intentional overstatement is treated very seriously by the courts. Examples include claiming you cannot carry out physical activities when social media shows otherwise, describing your daily limitations more severely than your actual condition, or presenting a witness as independent when they are in fact known to you. Even a well-founded claim can be undermined if a court finds that any part of it has been dishonestly overstated. Always ensure your account of your injuries and their impact is accurate and consistent across all evidence you provide.