If you’ve been involved in a car accident that wasn’t your fault, you may be dealing with injuries, medical bills, and the stress of getting your life back on track. Naturally, you might want to vent, share updates with friends and family, or even just distract yourself with social media. But what you post online during a car accident claim can have serious consequences for your case.
It’s not always right or fair, but insurance companies and defense attorneys are increasingly using social media to look for information they can use to challenge and undermine claims. Here’s what you need to know about how social media can impact your case — and which common mistakes you’ll want to avoid entirely.
Can Your Social Media Posts Really Hurt Your Case?
Though social media seems like a normal and harmless way to connect with the people in your life, airing your thoughts and opinions on these platforms creates a record of your life that can be accessed by anyone — including insurance adjusters and opposing counsel. These parties may be looking for anything they can use to minimize your car accident settlement or even deny your claim altogether.
It’s not only completely public accounts, either. The problem is that anything you post — even if you think it’s private — can be discovered and used as evidence. Some platforms make it difficult to tell exactly what your privacy settings are, so your posts might be reaching a wider audience than you imagine.
In any case, pictures, comments, check-ins, and “likes” can all be misinterpreted or taken out of context to paint a picture that doesn’t accurately reflect the severity of your injuries or the circumstances of the accident.
5 Costly Mistakes Car Accident Victims Make on Social Media
Many well-meaning people inadvertently sabotage their car accident cases when they’re just trying to go about their normal lives. It’s essential to know how to protect your claim and your rights both online and offline.
To help ensure your digital footprint doesn’t undermine your case as it progresses, you will want to avoid these five common mistakes car accident victims make on social media:
1. Posting About the Accident
Never post about the accident, even in general terms. Details you share might be used to contradict your official statement or to shift blame. Any statement you make about the accident and your responsibility for it could open the door for scrutinizing adjusters to find fault with your claim.
2. Discussing Your Injuries
It’s tempting to want to give family and friends updates on how you’re doing, especially when they’re, understandably, worried about you. But posting about your injuries, particularly when you’re “feeling better,” can be twisted to downplay the extent of your suffering.
The same principle applies to any posts, photos, or videos of you engaging in physical activity, even something as simple as walking your dog.
3. Venting About the Other Driver or the Insurance Company
You may be feeling frustrated over the process or as though you are treated unfairly. These are, unfortunately, common experiences, and it’s understandable to want to talk about them.
However, if you need to discuss these feelings, do so in a private setting with someone you trust. Expressing anger or frustration in a public forum can be used to portray you as unreasonable or aggressive, hurting your credibility.
4. Posting About Your Daily Life
This follows a similar principle to avoiding posts about physical activity. Seemingly harmless and normal posts about your daily activities, vacations, or social events might be twisted to argue that your injuries are not as severe as you claim.
Even “checking in” at certain locations can tie you to activities that might contradict your claims about limitations due to your injuries.
5. Accepting New Friend Requests
You should treat any new friend requests you receive during this time with some skepticism, especially if you don’t recognize the accounts or see any mutual friends. It’s possible for insurance company employees to create and use dummy accounts in order to try to gain access to your private information.
FAQ
How Do Insurance Companies Use Social Media to Challenge Car Accident Claims?
Insurance companies are motivated to minimize payouts. They might use your social media posts to dispute the severity of your injuries, challenge your account of the accident, and shift blame onto you.
Should I Tell My Lawyer About My Social Media Accounts?
Yes, your car accident attorney needs to be aware of your social media presence to advise you on how you can best protect your claim.
If I Delete a Post, Can It Still Be Used Against Me?
Yes, even deleted posts can sometimes be recovered, and deleting posts after an accident could be viewed as an attempt to conceal evidence, which can further damage your case.
Is It Safe to Post About Anything at All?
The safest approach is to avoid making any posts on social media while your car accident claim is pending. At a minimum, avoid posting anything that could be interpreted as relating to your physical or emotional state. This applies to family and friends, too; posts they make about you can be used against you as well.
Need Help Fighting for Your Car Accident Claim in Texas?
The best way to protect your claim and ensure you don’t take any steps to undermine it is to turn to a skilled car accident attorney. The compassionate team at Ramsey Law Group understands what you’re going through and knows how to navigate the ins and outs of these cases effectively.
Contact us today for a free case review to find out how we can help.