Social media interactions on mobile phone. Internet digital marketing, Chating, commenting, liking. Smiles and icons above smartphone screen, that holding by young man on pink studio background.

A gym selfie, vacation post or TikTok dance can get an insurance claim denied, according to a study by The Texas Law Dog.

In 42% of disputed insurance claims, social content was the key to denial or reduced payout, the data showed, as insurance companies use surveillance of social platforms like Instagram, Facebook and TikTok to flag inconsistencies, challenge injury claims, and even automatically adjust risk scores based on digital behavior.

“Leading insurers are now deploying AI-enhanced social media surveillance units that are reshaping everything from fraud detection to premium pricing,” The Texas Law Dog said in the report. “This is not the future. It’s happening now.”

Other key findings:

  • Sixty-eight percent of top U.S. insurers now operate dedicated social claims review units.
  • Fifty-five percent of auto and health risk assessments now include AI-based digital behavior scoring.
  • Twenty-five percent of content flags came from Instagram, 18% from Facebook, and 13% from TikTok.
  • The average insurer saves $9,800 per case where social content challenged a claim.

“Social media posts, images, and videos are increasingly being subpoenaed, and courts have consistently ruled that social media content, even private posts, is admissible if it is relevant to the case,” The Texas Law Dog said. “Many social media users believe their privacy settings protect their content from legal scrutiny, but this is often not the case. Federal Rule of Evidence 402 states that social media content is admissible evidence if it is relevant to the case, even if privacy settings are applied.”

Below are case studies highlighting how social media evidence has been used in litigation:

Case: Romano v. Steelcase Inc.:

  • The plaintiff claimed permanent injuries that confined her to her home.
  • The defense requested access to her private Facebook and MySpace accounts, asserting that her social media posts showed a lifestyle inconsistent with her claims.
  • The court ruled that the content was discoverable, as it could contradict the plaintiff’s allegations.

Case: Nucci v. Target Corp:

  • The plaintiff filed a lawsuit after a slip-and-fall incident, alleging physical injuries and emotional distress.
  • The defense sought recent Facebook photographs to challenge the extent of her injuries.
  • The court ruled that social media photos are not protected by privacy rights when relevant to the case.

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