How Social Media Can Sabotage Your Personal Injury Claim

Posting on social media can seem innocent enough after an accident. You might want to let friends know that you’re okay or share a photo showing how you are spending your time while you recover.

The problem is that an insurance company may see those posts very differently. A photo or comment that you think is harmless could be used to make a fuss and challenge your injuries or your version of events. An Alabama personal injury attorney will be able to tell you how your online activity could impact your claim and what you can do to protect yourself.

Do insurance companies really look at social media?

They absolutely do. Insurance companies may investigate publicly available social media, including posts you made after the accident plus any older content that is still visible on your profile.

An adjuster will look for anything that doesn’t mesh with what you have said about your injuries. An unrelated post may also be noticed by the insurer if they think the post suggests you are doing something your injuries should prohibit you from doing.

You should assume that anything you post publicly could eventually be seen by the insurance company. Changing your privacy settings can reduce what strangers see, but it does not guarantee that social media content will remain outside the case.

How can a photo hurt your injury claim?

A photograph captures only a moment. It does not show how much pain you were experiencing before the photo was taken or how you felt afterward.

Suppose you claim that a back injury has made walking difficult. A friend then posts a picture of you standing at a birthday party and smiling. The insurer may argue that the picture shows that your injuries are less serious than you have reported.

That argument may be unfair because smiling for a photograph does not mean that someone is pain-free. Still, the photo can create an issue that your lawyer may have to explain or address later.

Can check-ins cause problems too?

Location posts can also raise questions. Checking in at a restaurant or concert may make it appear that you are more active than your medical records suggest.

The post does not necessarily show what you actually did while you were there. You might have stayed only a short time or spent most of the event sitting because of your injuries. The insurer may not know that when it first sees the post.

Even automatic location tags can provide information about where you have been. For that reason, it is wise to pay attention not only to what you write but also to the details that your phone or social media account may attach to a post.

Can private social media posts be discovered?

Privacy settings do not necessarily keep relevant social media content out of a lawsuit. Alabama’s civil discovery rules permit parties to obtain relevant electronically stored information when the request is within the scope of discovery.

This doesn’t mean the other side automatically has unfettered access to every private conversation you’ve ever had or every post you’ve ever made. Discovery requests remain subject to any applicable legal limits. However, social media posts related to your injuries or what you are doing physically could be relevant to the case.

An Alabama personal injury attorney can answer discovery requests and help determine what information will be produced. Trying to hide relevant posts after litigation begins can create a much more serious problem than the original post itself.

Should you delete old posts after an accident?

Deleting posts after a claim begins can be risky. Once evidence may be relevant to a legal dispute, destroying or altering it can lead to arguments that evidence was improperly lost.

That means cleaning up your profile after an accident is not always the safest approach. A damaging-looking post may still need to be preserved even if you wish you had never posted it.

Instead of deleting old material, speak with your lawyer about what should be preserved. Your lawyer can advise you about your legal obligations while also helping you reduce unnecessary social media activity going forward.

Can other people’s posts affect your claim?

Your own account is not the only source of online information. Friends or relatives may post pictures of you even when you have decided not to use social media yourself.

Someone might tag you in a photograph from dinner or mention that you attended an event. Those posts can create the same problems as content you upload yourself if an insurance company sees them.

Consider asking people close to you not to tag you or post updates about your recovery while your claim is pending. You cannot control everything other people post, but you can reduce unnecessary online attention.

Should you post updates about the accident?

It is usually safer not to discuss the accident online. You may remember a detail differently after reviewing the police report or speaking with a witness, and an early social media post can then appear inconsistent with your later account.

Avoid posting opinions about who caused the crash. You should also avoid discussing conversations with the insurance company or details about your legal claim.

Even a post intended to defend yourself can create new questions. Social media is rarely the best place to explain evidence or respond to accusations about an accident.

Is it safest to pause social media during your claim?

For many injury victims, the simplest approach is to stop posting while the claim is pending. A temporary break removes much of the risk that a new photo or comment will be misunderstood.

If you continue using social media, think carefully before posting anything about your activities or recovery. Also review settings that allow other users to tag you automatically.

Pausing social media does not mean that you are hiding something. It means you are avoiding unnecessary online statements while a legal claim is being investigated or litigated.

What should you do if you already posted something?

Do not panic and do not immediately delete the post. A single photo or comment does not necessarily determine the outcome of an injury claim.

Tell your lawyer what was posted and explain the circumstances. There may be an innocent explanation for the content, and knowing about it early gives your attorney an opportunity to prepare for questions from the insurance company.

If you have been injured because of someone else’s negligence, Prince Glover Hayes can help you understand how social media and other evidence may affect your claim. Speak with an Alabama personal injury attorney at Prince Glover Hayes by filling out the online form or calling us to discuss your situation and the steps you can take to protect your rights.