How Social Media Posts Can Damage Your Car Accident Case
You probably spend hours a day on Facebook, Twitter, Instagram, Snapchat, and other social media sites. Many people enjoy posting regular updates about their lives, but this is not always a good idea.
Law enforcement officials are taking advantage of the fact that people tend to overshare online. Increasingly, social media posts are being used as evidence in criminal cases. Lawyers use them as evidence in family law cases as well.
Social media can also be used in car accident cases, so you need to be careful. Posting on social media can seriously harm your personal injury claim. Insurance companies and defense attorneys often monitor Facebook, Instagram, TikTok, and even LinkedIn to find evidence that undermines your case.
Keep in mind that anything you post online can be used as evidence in court. Even if your profile is private, opposing counsel may gain access through legal discovery. A single post, photo, or comment can be taken out of context and used against you.
Adjusters and defense lawyers may engage in various tactics such as:
- Monitor your accounts for updates.
- Request screenshots or archived content through subpoenas.
- Cross-check your posts with your medical claims and testimony.
Here are some examples of how social media can hurt your case:
- Contradicting injury claims. If you say you have severe back pain but post a picture of yourself lifting heavy objects, insurers may argue you are exaggerating.
- Check-ins and locations. A “check-in” at the gym or on vacation can be twisted to suggest you are not as injured as you claim.
- Comments from friends and family. Well-meaning replies like “Glad you’re feeling better!” can be used to minimize your suffering.
Best Practices for Social Media After a Crash
Your online activity can be used against you after a crash. To protect yourself, consider these best practices:
- Take a social media break. The safest approach is to step away from social platforms entirely while your case is ongoing. If that is not possible, limit your activity and keep it professional.
- Do not delete old posts. Deleting content may look like you’re hiding evidence. If an insurer or court finds out, it can harm your credibility. Instead, talk with your attorney about how to handle old posts.
- Avoid accepting new friend requests. Insurance investigators sometimes create fake accounts to gain access to your private information. Don’t accept requests from people you don’t know personally.
- Think before you comment. Even casual remarks like joking about your recovery or downplaying pain can be taken literally. Always assume that anything you say online will be read in court.
Contact a Personal Injury Lawyer
It is not a good idea to be posting updates after a car accident. Do not post anything that can be seen publicly and that can be used against you in your claim.
A Houston car accident attorney from The West Law Office, PLLC can advise you of the do’s and don’ts to follow after a car accident. Schedule a consultation with our office today by calling (281) 347-3247 or filling out the online form.
Source:
asanet.org/footnotes-article/social-media-criminal-evidence-new-possibilities-problems/
