As the prevalence of social media increases in our society, personal injury claimants must remain vigilant about what they post online. Insurance adjusters and lawyers may use posts from personal accounts as evidence in a case and can discredit the claimant by finding posts contrary to their stated narrative.
Unfortunately, these posts are frequently taken out of context and can be detrimental to a claimant’s case if they aren’t careful with what they share on social media. Claimants need to be mindful of how their online presence could influence their claims.
By following some simple steps, those involved and injured in an accident can avoid using their social media posts against them in court.
What Could Someone Post About On Social Media Following An Accident?
It is wise to exercise caution when posting details of your accident on social media, as any photos or comments could be used against you in a potential lawsuit. While it may feel like an expression of relief or joy to share with friends and family, the opposing party could use this evidence as an admission of fault if they think it is warranted.
Additionally, checking in to places on Facebook or geo-tagging photos on Instagram and other social media networks should also be avoided at all costs. This is because the insurance company or attorneys for the other side may use this information to paint an inaccurate picture of your circumstances.
For instance, they may observe that you have been traveling or attending events despite claiming that you are injured. They could then use such observations to argue that you are not as injured as you say, thus potentially weakening your personal injury claim.
Therefore, it is important to take great care when using social media networks during a personal injury claim and ensure that what you post does not contradict your claims.
Why Should You Not Post Information About Your Case?
It is essential that after a car accident, one refrains from posting any details online. Social media activity is considered a matter of public record, and anything posted about the accident or injuries could be used against you in court.
Even if you initially believe your injuries to be minor, waiting for a doctor’s diagnosis before sharing anything online is important. Some auto accidents may cause delayed onset pain or complications that do not appear until later.
Suppose you want to protect your legal rights. In that case, it is best to refrain from posting anything about your accident or injuries on social media and hire a personal injury lawyer, if your accident occurred in this state, for instance.
Additionally, it is important to remember that even when setting strong privacy settings on social media accounts, posts can still be seen by others if shared publicly or with friends, who may then share the post further. To avoid having any potentially damaging information used against you, it is best not to post any details about your car accident online at all.
What to Do if You Have Already Posted Something After an Accident?
It is important to take the necessary steps to protect yourself and your potential legal case by limiting access to your social media accounts. To do this, you should adjust the privacy settings on each profile so that only people you personally know can view your posts.
You should also deny any unknown friend requests or suspicious messages. You can also configure your settings so other users get your approval before mentioning or tagging you in their posts. Furthermore, suppose there is any evidence of potential relevance to a legal case. In that case, it is crucial not to delete any of this information as it can be seen as “spoliation,” which is the destruction of pertinent evidence.
It is always better to be safe than sorry when it comes to protecting yourself online, and taking these simple steps can help protect both your identity and potential legal cases.
Which Social Media Sites Are the Worst To Use After an Accident?
With the increasing use of social media platforms, it is important to consider the potential consequences of sharing content online and how this could potentially be used as evidence in a personal injury case. Social networks such as Facebook, Twitter, YouTube, Instagram, and LinkedIn have become commonplace for many users, with millions of daily interactions taking place on these sites.
Additionally, messaging apps like WhatsApp, Snapchat, and Signal are also commonly used by individuals to communicate. All of these sites can be used as potential evidence in a personal injury case, and their contents should be revised when considering legal proceedings.
The Bottom Line
Although many social sites can be monitored, it is essential to remember that nearly everyone uses them, and the insurance company may very well be paying attention. Statistics have shown that in 2020, over 3.6 billion people worldwide were actively using social media, with more than 2 million posts being created every minute.
This means that we must all assume that the insurance company could see our activities on these sites. It is important to remember that what we post online is not only public but also permanent: posts can be used against us if they contradict statements made during an ongoing injury claim or are in any way inflammatory or derogatory towards the other party involved.
To safeguard our best interests, it is always advisable to err on the side of caution when using social media during an injury claim.
