Should I Post to Social Media About My Car Accident?
Social media is great for keeping in touch with family and friends and staying in-the-know about the latest news. Social media platforms can become a problem, however, during a car accident claim – especially if you post the wrong things. Your social media accounts are fair game for an insurance company or private investigator during a car accident claim. Be careful what you post online during your case to better protect your rights.
Why You Should Stay Off Social Medial During a Car Accident Claim
Everything you post to social media accounts such as Facebook, Instagram, Twitter and TikTok is available to the public. While configuring your privacy settings can prevent certain people from seeing what you post, court subpoenas can override privacy settings. If an investigator wishes to see the things you post in private, he or she can lawfully access this information. The same is true for deleted information and posts. In general, it is best not to post at all.
An Insurance Company Can Use What You Post Against You
During a car accident claim, and especially a lawsuit, the other side will search high and low for reasons to deny benefits or refute your claim. This includes any social media accounts you have. While it may seem innocent enough to post about your car accident or what you have been doing since your accident, this could lead to posting something the defendant’s insurance company can use as evidence against you. This includes photographs, status updates, tweets, videos and location check-ins.
You May Post Proof That Your Injuries Are Not as Bad as They Seem
One of the main aspects of an insurance claim is the injury you are claiming came from the car accident. If you broke a bone and are claiming that it has made you unable to return to work or enjoy a high quality of life, for example, what you post on social media should not prove otherwise. Photos of you out and about, grocery shopping, hanging out with friends, and even tagged photos of you from someone else’s account could prove that your injuries are not as bad as you said they are. This could lead to reduced compensation or a denied insurance claim.
You May Unintentionally Incriminate Yourself
Posting about your car accident right away, especially when you are still stressed about the collision, can lead to saying the wrong things and making them part of public record. You may unintentionally admit to contributing to the accident, such as by mentioning how fast you were traveling or that you were driving home after a party. Instead of risking saying the wrong thing and having an insurance company twist your words against you, do not post anything at all in the aftermath of a crash.
You Can Ruin Your Chances of Receiving Pain and Suffering Damages
Remember, anything you post to your social media accounts can be used as evidence against you. This includes checking in at certain locations after your auto accident. If you check-in at a local restaurant or bar, the insurance company can use this as proof that you are still enjoying your life after the crash despite your injuries. If you try to seek compensation for pain, suffering or emotional distress, but your social media posts are contradicting this, you may make yourself ineligible for these benefits.
How to Protect Yourself During a Car Accident Claim
During a car accident insurance claim or lawsuit, everything you say, do and post could end up as evidence used against you by the insurance company. Be especially careful not to do anything that could contradict the claim you are making after an auto accident. This includes posting certain things to social media.
Since an insurance company will have experience combatting claims and finding evidence to use against a claimant, it is often best not to post to social media at all until you have resolved your case. Posting new photographs of yourself, posting about the accident, responding to comments about the accident and interacting with people you do not know could all hurt your chances of recovering compensation. If you need additional assistance protecting your rights as the victim of an auto accident in California, contact an attorney near you for help.