Can Social Media Posts Affect My Car Accident Claim?
After a car accident, you may want to let friends and family know what happened and how you’re feeling. However, avoid using social media to communicate this, as insurance companies scour it to try and minimize any of your injuries.
Further, social media posts can harm your car accident claim, no matter how innocent or well-intentioned. Insurers and the defendant’s lawyers will twist simple statements to prove you are either exaggerating or lying about your condition. You could also inadvertently post a message that makes it seem you were responsible for the collision.
The New York City car accident lawyers of Douglas and London can help protect your rights while helping you receive the maximum compensation for your injuries. Our dedicated attorneys have recovered more than $18 billion for clients in verdicts and settlements.
Personal Injury Claims and Social Media
After a car accident claim, an insurance company representative is going to look at your social media accounts. Even if you have restricted who can view your accounts, an action too few people take, you may find yourself with a friend request. It could be from someone working for the insurer or the defendant’s lawyer in an investigative capacity. These searches are now routine.
Insurers are looking for any evidence that may hurt your claim. For example, a victim alleges they were disabled by a car accident, yet they post photos of themselves playing softball or engaging in other strenuous activities. Words matter as much as photos– an individual may post a simple statement such as “feeling fine” to a friend or relative when they are recuperating from an injury.
Social Media and the Discovery Process
Courts have ruled that it is possible to include social media posts in the Discovery Process. If an individual seeks to reassure a family member that they are feeling fine and post this on their page— it could end the claim right there, even if it has been taken out of context. An experienced personal injury lawyer can help you avoid these sorts of potential pitfalls in making your claim.
Avoid Social Media Entirely
For best results, avoid social media entirely after a car accident. Inactivate your account so you do not inadvertently post anything that could be used against you. If that is not possible, then do not post anything personal at all. Merely posting a photo of yourself looking happy– means the insurance company or defendant’s attorney could allege your injuries are not that bad, and you are not in as much pain as you state.
Those who tweet can harm themselves by trying to let family and friends know they are “OK” after a crash. They might mean they are still alive and functioning, but not mentioning they are in pain and impaired from the injuries. What is meant to reassure family and friends could end up being used against them in court.
If you have posted anything like this, delete it as soon as possible– right away before investigators get a chance to see them.
Contact a Car Accident Attorney in New York
If you or someone you know was severely injured in a car accident due to the negligence of another driver, contact the New York City personal injury lawyers at Douglas and London. Fill out our online form or call or text us 24/7 to schedule a free consultation. After reviewing your case, we will let you the best way to proceed going forward. There is never a fee unless we win, as we work on a contingency basis.