Utilizing social media content in the context of investigating claims and claimants is entirely dependent on locating and reviewing information that is publicly available. Often, represented parties may be instructed to take down or disable social media sites, or otherwise alter privacy settings to prevent the discovery of posted content. Here are tips for properly locating available social media content that may be relevant when investigating a claim.

1. Investigate right away. The chances of discovering valuable information and photographs from a claimant’s social media page are greater the sooner it is done. Upon initially learning of a claim or the potential claim, claims professionals should immediately pull up popular social media websites and applications to explore posts, status updates and photographs. It is important to conduct as many searches as possible before the claimant retains counsel or is instructed to remove or hide content.
2. Preserve available content. When social media content is found, it is critical to preserve it right away. Saving or copying the URL link directly from the browser into a word document or directly into claims notes will help locate the claimant’s page in the future. For example, a person can change his or her name on an account or change the characters in their account name so that it will not appear if searched. Using zeros for “O’s” or the “@” symbol for “A’s” are common ways that claimants will alter their names to hide social media pages and profiles. Regardless of the way a person’s name appears, the direct link to an account page should not change and will continue to be a helpful resource.
   Furthermore when content is identified, printing relevant images or using the “print screen” feature to save an image electronically is crucial. Knowing that photographs or posts exist will not help if they are later removed, deleted or hidden from the public view. It is much easier to maintain copies of posts and photographs from a claim’s inception, rather than to search a claimant’s history when they retain counsel or file a lawsuit, which could be months or even years later.
3. Expand your search beyond the claimant. Another tip in using social media to investigate a claimant is to search for known friends and family members. These names can be subtly obtained from incident reports, recorded statements, insurance policies and other documents often collected at the outset of a claim. While the claimant may have been instructed to disable or hide social media content, their friends and family will not have been instructed to do the same. Searching for a spouse or child can reveal additional information and photographs over which the claimant has no direct control. Further, children and teenagers are generally willing to share more information online without altering privacy controls, so day-to-day activities and photographs are often more readily available. This could provide access to photographs of family outings and vacations that a claimant may otherwise try to hide. In addition to friends and family, identifying a claimant’s hobbies and interests through their own page may lead to other possible sources. If a claimant follows public figures, organizations and businesses, these pages are typically public and can lead to the discovery of additional posts by the claimant.
4. Search publicly available content but do not engage in deceitful tactics to obtain information. If a lawsuit is filed, social media content obtained pre-suit can significantly aid defense counsel by bolstering evidence and providing topics for cross-examination. The use of social media can also assist with the investigation of potential jurors should the case proceed to a jury trial. Because lawyers and law firms are bound by ethical rules, it is important that claims professionals properly obtain social media content.

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