Posting on Social Media After a Car Accident? Don’t.
When you’ve been involved in a car crash, it is tempting to immediately post about it on Facebook or another social media account. However, anything you post on social media after a car accident can be used against you in a lawsuit or to deny your insurance claim. According to research, 82% of the population in the United States has a social network profile. With that in mind, it’s fair to assume that a majority of personal injury clients have at least one social media account. But clients need to understand that no matter how harmless it may seem, anything you post to social media can be used against you in a personal injury lawsuit. Insurance companies and defense attorneys are skilled at twisting information to create a narrative around a claimant and their injuries. Even accounts that haven’t been used in years may contain a wealth of information. Typically, a person’s profile provides the following information:
• Hometown
• Date of birth
• Occupation
• Ethnicity
• Relationship status
• Income
• Education
• Associations
• Photos of the person and family
• Videos that may show the person’s speaking patterns
• Posts and comments
While all of this information is useful, typically what defense teams are searching for are messages, videos, and photographs. These types of social media posts may provide evidence that can help them deny your claim or minimize your injuries.
What type of social media use can hurt my personal injury claim?
Personal injury attorneys advise their clients not to talk to anyone after a crash. The reason they do so is because anything you say can be used against you. Insurance companies and defense attorneys will often attempt to use statements out of context to imply meaning and create a false narrative. For example, snapping a quick picture of your car and captioning it with “I crashed my car” can suggest that you are liable for your own injuries.
Even responding to a comment about your accident can be used against you. If a friend asks you if you’re doing OK and you respond “I feel great!” this could hurt your case.
If you are involved in a car accident, do not post the following on social media:
Apologies
Offering an apology after a crash can seriously reduce the amount of your settlement. While you may actually be sorry, don’t say it after a crash, and especially don’t say it online.
Rants
There will be moments when you are genuinely upset about how the insurance company is giving you the runaround. However, ranting or venting about your situation is not a good look. In fact, it can make you seem like a vindictive person who is filing a lawsuit simply out of revenge. Saying anything negative about the parties involved such as the defendant or the insurance company can be construed as vindictiveness. A judge or jury may be less likely to show compassion toward you if the defense can successfully paint you as vindictive.
Fault
Even when you know that someone else’s negligence caused your injuries, posting a picture of your broken arm in a cast with a post saying “I wasn’t paying attention and slipped on a wet floor,” can hurt your case.
Minimization of your injuries
Even if you have to take an extra pain reliever to make it through an event, posting something as innocent as a picture of your son’s baseball game or even having dinner with friends can suggest that your injuries aren’t as severe as you may claim.
Photos or Video
We recommend taking photos and videos of a crash scene to help your case. But posting those photos and videos online is not in your best interest. A picture is worth 1,000 words, and a video is worth 1,000,000. It is best to review photos and videos with your attorneys to determine how best to use them to support your case. Never delete posts
It’s unethical for an attorney to recommend you delete your posts. As a result, attorneys will never recommend that you delete posts from social media—even if they hurt your case. Doing so would constitute destruction of evidence.
You may think that your privacy settings ensure everything you post is private. However, that is not the case. Opposing attorneys and insurance adjusters can easily find you on social media and can access anything you post.