Posting on Social Media Could Risk Your Personal Injury Case

Western New York Personal Injury Law Blog

Posting on Social Media Could Risk Your Personal Injury Case

Suffering a car crash is a scary experience, which is why it may be tempting to share that experience with friends and family online. Unfortunately, social media might jeopardize whether you can get compensation for your damages and injuries. Users often represent their lives as positively as possible online, which might not accurately show the reality of physical injuries and emotional trauma.

During a claim investigation, insurance companies will look for and monitor your activity on Facebook, Instagram, Twitter, etc. and look for any information that could help them lower the amount of compensation they have to pay. This means that they could even use your social media posts against you.

Simple posts can lead to major problems

After a motor vehicle crash, it is advisable to avoid posting anything – at least without first consulting with your lawyer. While it might seem excessive to stop posting altogether, the types of information that insurers can use against claimants is far reaching.

For example, an insurance company might use a post that mentions that you are “okay” after a crash to undermine the seriousness of your injuries. If you post photos of the crash or scene without first vetting it with your attorney, there is a chance that the photo might be used against you.

Posts that seem completely unrelated to the crash can also risk your compensation. A photo or video of you walking, dancing, swimming or doing other activities will be used to argue that your injuries didn’t really limit you that much.  Even photographs of you simply smiling can be used by the other side to suggest that you aren’t really in pain or suffering.

Take precautions to protect your recovery

While it is smart to stop posting anything after the crash until your lawyer says otherwise, there are more strategies you can use to maintain your privacy from insurance companies.

If you are visiting with friends and family, politely request that they do not post any photos, videos or text that mentions you. In addition, you can change the settings on all your social media accounts so that your information is as private as possible. Insurance adjusters could even send friend requests, so be wary of new connections.

It is difficult to remove anything from the internet permanently. However, taking the right precautions can minimize the risk that the insurer will find something to reject or reduce your claim.


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