Insurance Defense Law and Online EvidenceThe growing movement of using the internet as part of evidence collection.
Helping You Stop Insurance Scammers
Insurance is supposed to offer peace of mind and protection, but fraudsters cost the insured and insurers billions of dollars each year. That’s why insurance defense attorneys on the hunt for scammers are turning to the internet for evidence.
Websites and social media platforms all offer a goldmine of evidence to help bring insurance scammers to justice. But, it’s vital for insurance defense attorneys to be equipped with the tools and services that will help them capture evidence accurately and securely, and in a way that almost guarantees its admissibility in court.
Strong Digital Evidence Criteria
As webpage captures become more mainstream, courts are growing increasingly cautious about what they will allow.
Some courts have ruled webpage images that don’t look exactly like the actual webpage as inadmissible as evidence.
Attorneys should provide metadata such as the URL, time/date stamp, and IP address as proof that their screen capture hasn’t been altered.
Often evidence needs to be supported by extra testimony or an affidavit to prove that the digital chain of custody was properly maintained.
What insurance attorneys are finding online
Insurance fraudsters will post an incredible amount of information online about their insurance claim, much of it done inadvertently. But to access that information and thoroughly review it, insurance defense attorneys need tools that will capture digital evidence accurately, quickly, and store it in a way that reduces or eliminates the chances of tampering. Unfortunately, most insurance defense attorneys don’t use tools that deliver the type of benefits they need.
Where Insurance Attorneys are Finding Online Evidence
Videos, audiotapes, letters, and eyewitness accounts are some of the more traditional ways insurance defense attorneys have exposed fraudsters, but social media and websites are quickly catching up as the preferred sources for evidence. On social media sites, such as Facebook, Twitter and LinkedIn, critical information can be found to help uncover fraudulent claims:
- Evidence that policy application information was falsified or exaggerated
- Evidence facts concerning a loss or injury
- Statements by the insured or witnesses contradicting an alibi
- Evidence that the insured mischaracterized their disability status
- Contact information for witnesses and the insured