Protect Your Claim By Staying Offline
Nearly everyone is on at least one social media platform sharing every aspect of their lives. While, in most cases, posting about what you’re doing and how you’re feeling is perfectly fine, there may be some instances where this can be harmful—especially if you’ve been in a car accident. Many people are unaware that social media use after a car crash can negatively affect the success of their personal injury claim. Here are three reasons why:
1. Your Posts Can Be Used in Court.
Social media posts are considered public information and can be subpoenaed by the other driver’s insurance company. Even if your privacy settings are on, insurance companies can find a way to access your posts and the posts you're being tagged in by friends and family. Once they have access, anything you’ve posted—whether it was meant to be public or private—can be used against you in court.
As a general example of how this can occur, let's pretend you have been in a car accident and are experiencing neck and back pain. You post about the accident on Facebook and mention that your back is still giving you problems. A few weeks later, you post a photo of yourself hiking with friends or at an amusement park. The insurance company could use this photo as evidence that your back has healed and that you are no longer entitled to compensation for your injuries.
2. Insurance Companies Will Look for Holes in Your Story.
After a car accident, it’s common for insurance companies to try and find holes in your story to minimize the amount of money they have to pay out on a claim. If you post about the accident on social media, the insurance company will look for anything that doesn’t match what you’ve told them. For example, if you're claiming that the accident caused a significant injury but there are multiple photos of you doing activities with friends or on vacation, it may look bad.
There could also be an attempt from the opposing party to try and paint a narrative of the day of the accident or of you having pre-existing injuries. They may show posts of you at a bar or friend's house to claim that you could have possibly been under the influence or use photos of you playing sports or riding a motorcycle to say that your injuries could be from another incident.
Additionally, responses to others' comments and questions online could be taken as written statements. If a friend or follower asks how you're feeling and you reply saying you're fine, this may be taken out of context.
3. It May Be Used to Delay Your Claim.
The insurance company may try to delay your settlement while they wait for you to post something that hurts your case. Even if you haven’t posted anything, the insurance company may try to drag out the process in hopes that you eventually do. If this happens, it could take months or even years to receive the compensation you deserve—all because of one social media post.
To avoid potential problems with your personal injury claim, it’s best to stay off social media after a car accident. If you must use social media for business purposes or otherwise, it's recommended to consult with your personal injury attorney first to see if it's appropriate.
Car Accident? Call Jamie Casino Injury Attorneys
Jamie Casino Injury Attorneys is proud to fight back against insurance companies who use negative tactics to deny or devalue our clients’ claims. Our dream team of experienced attorneys and paralegals isn’t afraid to go to trial to get the desired result. Call (912) 809-5335 to schedule a free consultation today if you need legal assistance.