If you’re like millions – if not billions – of others, you log on to social media daily or every few days. That’s understandable, as social media platforms can be entertaining and can help to keep people connected. However, it’s also important to understand that after a car crash, what you post online can result in serious legal consequences. As can the posts of others involved in a crash with you.
Essentially, if you have recently been injured in a wreck, you’ll need to approach social media platforms carefully for a while. Whether you are seeking compensation through an insurance claim or a personal injury lawsuit, your social media activity can either support your case—or damage it.
It’s all a matter of context and perception
In some situations, social media can help. For example, photos of vehicle damage, the accident scene, dash cam footage or images of your injuries that you or others may have already posted can serve as evidence. Posts that demonstrate how the crash has affected your daily life—such as missed work, mobility issues or emotional distress—can also potentially support your claim. These details may help paint a fuller picture of your experience for insurance adjusters, lawyers, or even a jury. With that said, it’s important to avoid posting anything more than you may have already.
The potential for social media to hurt your case is very great indeed. Insurance companies and defense attorneys often search online for information that can be used to challenge the validity of a car accident victim’s claim(s). Even seemingly innocent posts can be taken out of context. A picture of you smiling at a family gathering could be interpreted as proof that you are not in pain. A status update about going for a walk might be used to question claims of physical injury, even if the walk was brief or painful, or even ordered by a physician.
Inconsistent statements related to what you say online and what you report to your doctor or attorney can also seriously undermine your credibility. For example, if you claim to be suffering from anxiety or PTSD due to the crash, but your online activity shows you joking about the incident or sharing upbeat posts, the defense may argue that your emotional distress is exaggerated.
Private accounts do not guarantee privacy. As a result, being cautious online can help to root your case in facts, not misinterpretations. Seek experienced legal guidance for more specifics.