Progressive Insurance Company Adjusters Are "Friending"Accident Victims On Facebook

This is an alarming story.  A client of mine came into my office having been in a car accident a few days back. She informed me that the day after the accident, she was sent a message by the adjuster assigned to handle the claim for the at fault driver's insurance company, Progressive. This adjuster had contacted my client through facebook and "friended" her, and wanted to talk to her about the accident.

My client had the foresight not to respond to the insurance adjuster's "friend" request. I would strongly urge anyone else in her position to do the same. The insurance adjuster for the opposing insurance company in an accident case is inherently not your "friend." By contacting my client on facebook, the insurance company representative was attempting to manipulate my client to my client's disadvantage and to Progressive Insurance Company's advantage. This is not new. This is just how insurance companies operate.

I have written before about the potential dangers of social media to personal injury litigants. There are real perils to publishing anything on the net. But the fact that insurance adjusters are reaching out to accident victims as a means of communicating with them is a new development.

I would guess that people who have facebook pages generally would not envision that their facebook page would be used as a method of communication similar to  how the telephone is used or how e mail is used.  Nevertheless, social media and social networking really is just one more form of  electronic communication; but my client certainly felt as though her privacy had been invaded by the insurance adjuster who "friended" her.

I think the lesson here is that as we use various forms of technological communication, including social media like facebook,  to keep our family and friends informed of what's going on in our lives,  we have to be aware that we may be exposing ourselves to unwanted communication.  Confidentiality becomes a slippery issue for anyone who uses social media. We are all easier to find on the net. The fact that I have pictures of my family on my facebook page does not mean it is a private photo album. Quite the contrary once it's on the net.

In one sense I am impressed by the Progressive Insurance Company insurance adjuster's ingenuity in using facebook to contact my client. In another sense I am appalled.

 

Can Progressive Insurance Company Raise Your Rates If You Work The Late Shift?

Apparently they can.  And, as one commentator has said, it's like big brother insurance company looking over your shoulder.

Under their "MyRate" program, Progressive will mail you a wireless data recorder, which you the policyholder then plug into your car's on-board diagnostic port.  The device records your speed, braking habits and time of driving amongst other things. In exchange, you conceivably can get lower premiums if your driving habits are in the lower risk category, according to Progressive.  

The riskiest time to drive is between 12:00 a.m. and 4:00 a.m.  according to Progressive's data.

The problem is,  the company can use this device to surcharge an insured who is forced to work the midnight shift, for example; or if the insured drives on congested city streets during rush hour and is forced to frequently hit the brakes, another indicator of high risk driving habits according to Progressive.

All of this irks Lance Haver Philadelphia's director of consumer affairs, whose concern is that the collection of this data not be used against the consumer. The Pennsylvania Insurance Department has so far rejected Progressive's plans to employ the system in Pennsylvania. Progressive is using their MyRate program in other states.