Experienced subrogation lawyers Jason Sullivan and Rebecca Wright discuss the effect that social media is having on subrogation recovery and its potential impact on claims in AM Best’s podcast, “How Social Media is Changing Insurance Claims Subrogation.” Sullivan and Wright speak on the risks social media use presents to liable parties in subrogation claims, and more importantly, how social media can be a source of information during the investigation phase of a subrogation case. They also discuss the ethics of gleaning information from social media during a subrogation investigation.
Using Social Media Data in Your Subrogation Case: Ethical or Unethical?
Rebecca and Jason go into detail about the ethics of how data from social media is acquired and used in subrogation cases. They advocate remaining open and honest about who you are and what you’re looking for. Regardless of a lack of specific laws on social media use in subrogation litigation, gathering information surreptitiously is unethical.
So then, is it more ethical to ignore social media? Wright and Sullivan argue that, no, simply ignoring the applicability of social media to a given subrogation case can be just as unethical as misusing it. Ethically, it’s a path a subrogation consultant should explore in every case, while remaining above-board in their acquisition of any social media data.
Wright talks about the effects of social media specifically on insurance subrogation cases. She gives the example of disability claim fraud, and using Facebook photos much in the way a PI would follow someone to see if they were truly still disabled from the incident. Similarly, she points out that photos and videos of incidents can help identify witnesses and relay the factual reality of the event that precipitated the subrogation claim damages.
To listen to the entirety of this discussion on the ever-changing field of insurance subrogation, you can listen to it here. And be sure to check out Rebecca and Jason on certain episodes of Rathbone Group’s “On Subrogation” podcast and YouTube channels.