In today’s hyper-connected world, social media is a ubiquitous part of life. We share everything from major milestones to mundane daily happenings on platforms like Facebook, Twitter, Instagram, and TikTok.
But if you’ve been injured in a car crash, those social media posts can have unintended consequences for your legal case.
At the CEO Lawyer Personal Injury Law Firm, we’ve seen firsthand how social media and claims intersect, sometimes jeopardizing a victim’s right to compensation. We want to help you avoid costly mistakes that could undermine your financial recovery.
Here are answers to some of the most common questions about how social media can impact a car accident claim in New York.
Why Does Social Media Matter if I’ve Been In An Accident?
When you file a car accident claim, you’re essentially asking an insurance company (yours or the at-fault driver’s) to pay for your medical bills, lost wages, property damage, pain and suffering, and other losses. Insurers will look for any evidence they can find to deny your claim, reduce your payout, or argue that you’re exaggerating your injuries.
Increasingly, insurance adjusters and defense attorneys are turning to social media to find that evidence. They’ll scour your accounts looking for photos, videos, check-ins, and comments that they can use against you.
Even seemingly harmless posts can be taken out of context and twisted to hurt your case.
What Types of Social Media Posts Can Harm My Car Accident Case?
Anything you share online could potentially be used to challenge your credibility, dispute your injuries, or assign blame to you for the crash. Examples of problematic posts include:
- Photos or videos of you engaging in physical activities that contradict your claimed limitations
- Comments about the accident that imply you were at fault or not hurt
- Check-ins or geo-tagged posts showing you at locations inconsistent with your alleged injuries
- Angry rants or threatening messages directed at the at-fault driver or their insurer
- References to prior accidents or injuries
- Posts about money troubles, which could motivate you to exaggerate your damages
Even if your profiles are set to private, there’s no guarantee your posts will stay that way. Friends, family, or even the other driver could screenshot your content and share it with the insurance company or in court.
Should I Delete My Social Media Accounts After An Accident?
No, deleting your accounts is one of the worst things you can do. It may seem like an easy way to prevent anything on social media from impacting your claims, but it can actually backfire in a big way.
If you delete your accounts after a car crash, the insurance company could argue that you were trying to destroy evidence relevant to your case. Judges tend to frown upon this and may even instruct jurors that they can infer the deleted content would have been harmful to your case.
It’s a concept known as “spoliation of evidence,” and it can severely damage your credibility.
Instead of hitting delete, the best approach is to simply refrain from posting anything about your accident or injuries online. Switch your accounts to the highest privacy settings and ask friends and family not to tag you or share anything about your crash or medical treatment.
Can An Insurance Company Really See What’s On My Private Accounts?
Yes, if a lawsuit is filed and your case enters the discovery phase, the other side’s attorneys can formally request access to your social media accounts. Depending on your privacy settings, they may be able to see your posts, photos, and even private messages.
Courts across the country have held that social media content is generally discoverable in civil cases, including personal injury claims. Judges have ordered plaintiffs to turn over account login information and even cell phones for forensic examination.
The bottom line? Don’t count on privacy settings to shield your social media activity from the prying eyes of insurance companies and defense lawyers.
Assume anything you post could end up as an exhibit in court.
What if My Friends Post About My Accident On Social Media?
Unfortunately, you can’t control what other people share about you online. However, you can take proactive steps to minimize the risk of a well-meaning friend’s post hurting your case:
- Ask friends and family not to post anything about your accident or injuries.
- Untag yourself from any posts or photos related to the crash.
- Change your settings to require approval before others’ posts show up on your timeline.
- Consider temporarily blocking or unfollowing anyone who disregards your request for social media silence during your claim.
If someone does share something potentially harmful, let your attorney know right away. They can advise you on the best way to address it and mitigate any negative impact on your case.
What Are Some Real-Life Examples Of Social Media Hurting a Car Accident Case?
Insurers and defense attorneys are getting savvier about using social media to attack personal injury claims. Here are a few cautionary tales:
- A Georgia woman’s case was derailed after defense lawyers found Facebook photos of her competing in a beauty pageant and going on vacation while claiming to be disabled after an accident.
- A New Mexico man’s $2 million jury award for back injuries was thrown out after the defense discovered Facebook posts showing him competing in martial arts tournaments.
- An Arkansas woman’s settlement was slashed by 50% after the court found she had misrepresented her injuries based on Facebook photos of her drinking and river tubing after an accident.
- A Florida man’s case was dismissed entirely after surveillance video caught him performing strenuous activities despite claiming severe neck and back pain on social media.
The lesson? Social media can absolutely impact your car crash claim.
One ill-advised post could be the difference between full compensation and no recovery at all.
How Can I Protect My Car Accident Case From Social Media Pitfalls?
The simplest way to avoid social media sabotaging your claim is to stay off it entirely until your case is resolved. However, if you can’t imagine going cold turkey, follow these dos and don’ts:
- DO set all accounts to the strictest privacy settings
- DO ask friends and family not to post about you or tag you in anything
- DO let your lawyer know about any existing social media content related to your accident
- DON’T post photos or videos of yourself (even if your injuries aren’t visible)
- DON’T post any updates about your accident, injuries, treatment, or legal case
- DON’T delete anything without speaking to your attorney
- DON’T accept friend requests or messages from anyone you don’t know personally
- DON’T make angry or disparaging comments about the at-fault party or their insurer
When in doubt, ask yourself how a post would look blown up as a trial exhibit. If it gives you pause, it’s probably best not to share it.
Can Insurers Use My Social Media Activity to Deny My Claim Entirely?
In some cases, yes. If an insurance company finds evidence on your social media profiles that directly contradicts material facts about your accident or injuries, they may have grounds to deny your claim outright.
For example, if you’ve claimed that your injuries have left you bedridden and unable to work but then post photos of yourself out dancing with friends, the insurer could argue that you’ve committed fraud by misrepresenting your condition. Fraud is a legitimate reason for insurers to refuse to pay a claim.
However, not every social media post that shows you in a positive light or engaging in activity is grounds for denial. Insurers and defense attorneys often take posts out of context to paint an unfair picture of a claimant’s injuries and limitations. That’s why it’s crucial to have an experienced personal injury attorney who can fight back against these tactics and present your social media activity in an appropriate context.
Can I Still Use Social Media if I Hire a Lawyer To Handle My Car Accident Case?
It’s best to consult with your New York car accident attorney about what is and isn’t safe to post on social media during your claim. Every case is unique, so there’s no one-size-fits-all advice.
However, most car accident lawyers recommend dramatically limiting (or completely refraining from) social media activity while your case is pending. Even with privacy settings cranked up to the max, there’s always a risk that something you share could be used to undermine your credibility or challenge the severity of your injuries.
At the CEO Lawyer Personal Injury Law Firm, we advise our clients to avoid posting anything on social media while we’re pursuing compensation on their behalf. We know insurance companies are looking for any ammunition they can find to pay you as little as possible.
Don’t give them that ammunition.
If you have any doubts about whether something is safe to share, run it by your attorney first. It’s better to err on the side of caution than risk a social media misstep derailing your case.
What if I Need to Raise Money for My Medical Expenses After an Accident? Can I Post a GoFundMe on Social Media?
Online fundraising campaigns have become a common way for accident victims to seek financial help with mounting medical bills and living expenses. However, posting a GoFundMe or similar campaign on social media can be risky when you have a pending insurance claim or lawsuit.
Anything you write in your fundraiser description could be used against you by the insurance company. If you downplay your pain or fail to mention certain injuries, the insurer may argue that you’re not as badly hurt as you claim.
On the flip side, if you exaggerate your condition to garner more sympathy and donations, the insurer could accuse you of being dishonest.
Additionally, if your social media activity shows you spending money on non-essential items or activities while also asking for financial help, the insurance company may try to argue that you’re not truly in need.
Before starting any online fundraiser, talk to your attorney about how to minimize the risk to your car accident case. They may advise you to let a trusted friend or family member set up and manage the campaign to keep it at arm’s length from your legal claim.
What Should I Do if an Insurance Adjuster Contacts Me About My Social Media Posts After an Accident?
If an insurance adjuster reaches out to discuss your social media activity, do not engage with them directly. Anything you say to the adjuster about your posts (or anything else related to your accident) could be used to limit or deny your claim.
Instead, politely inform the adjuster that you have retained an attorney to handle your case and direct them to contact your lawyer’s office. Then, immediately let your attorney know about the adjuster’s inquiry and forward any relevant communications.
Your lawyer can address the issue with the adjuster and make sure your rights are protected.
Remember, insurance adjusters are not on your side. No matter how friendly they may seem, their job is to investigate your claim and find reasons to pay you as little as possible.
Don’t give them any more information than necessary, especially when it comes to your social media accounts.
Get More Answers About Your New York Car Accident Claim
If you’ve been hurt in a crash, your social media activity is just one factor that could impact your right to compensation. At the CEO Lawyer Personal Injury Law Firm, we know the ins and outs of New York accident law and how to build a strong claim on your behalf.
Don’t let an insurance company use your social media posts against you or pressure you into settling for less than you deserve. Let our experienced attorneys handle all communications and negotiations, allowing you the space you need to focus on healing.
We’re here to answer all your questions and fight for your right to maximum compensation. Reach out today at (516) 689-1132 for a free, no-obligation consultation.
We’ll review your case, explain your options, and discuss how we can help you seek justice after a serious car crash.
