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After you suffer injuries in an accident, you may be tempted to post about the experience on social media. However, other parties may try to use your posts against you and undermine your personal injury claim.
Here’s how social media activity can hurt your personal injury case in Connecticut, and some tips on how to use your accounts safely in the aftermath of an accident.
What Are Common Ways Social Media Can Undermine the Credibility of Your Personal Injury Claim?
Even posts that seem harmless can create problems in a Connecticut personal injury case. Insurance companies and the other party’s defense lawyer may compare your social media activity to your medical records, statements, and claimed limitations. If they think a post suggests you were less hurt than you claim, they may use it to call your credibility into question and argue that your injuries aren’t as serious as you allege.
For example, the opposing parties may look at the following:
- Photos that contradict your physical limitations – A photo of you smiling at a party, carrying groceries, traveling, or doing something active may be used to suggest your injuries don’t limit you to the extent you claim.
- Check-ins and location tags – Tagged locations at restaurants, gyms, concerts, or vacations can be used to argue that you were more mobile and active than expected after the accident.
- Comments from well-meaning friends – Friends or family may post that you are “doing great” or “back to normal,” which can be taken out of context and used against you.
Should You Delete Your Social Media Accounts After an Accident?
Deleting your social media accounts after an accident may seem like the best way to avoid problems, but it can actually backfire on you. If you’ve already filed a claim or anticipate going to court, removing posts or deleting your accounts could lead to accusations that you destroyed evidence, which can create new problems for your case. Instead, just stop posting and set your accounts to private.
Do Insurance Companies Monitor Social Media After They Receive a Claim?
Examining social media accounts is a standard part of insurers’ process when investigating a personal injury claim. Adjusters will look for posts, photos, videos, and comments that seem to conflict with what you’ve reported regarding the severity of your injuries and limitations. They may even take unrelated content out of context and use it to challenge your claim. Even private accounts aren’t fully protected against insurers’ investigations, as they may still have ways to access shared posts, tags, and screenshots.
Do not accept friend invitations from people you do not know, as that person could be working for the insurance company to investigate your social media posts.
Will Insurance Companies Also Look at Your Family and Friends’ Social Media?
Even if you stop posting, other people may share photos, tag your location, or post comments about your condition and activities, and the insurance company may try to use them in the same way they’d use content you post yourself. Ask those close to you to avoid posting about you, your accident, or your recovery while your claim is pending.
Can Insurance Companies Monitor Fitness Apps?
Fitness apps may also create issues in a personal injury case. Data from apps or wearable devices can show the steps you’ve taken, the distances you’ve traveled, the workouts you’ve completed, your sleep patterns, and your heart rate trends. If that information appears inconsistent with your claimed pain or physical limitations, an insurance company may try to use it against you. Be careful about what you track, and discuss any concerns about app data with your personal injury lawyer.
Could Social Media Help Your Case?
Just like you can compromise your case by using social media after a car accident, the other party’s doing so can potentially help you. For example, if the defendant in your personal injury lawsuit posts any of the following, it could benefit you:
- Posts specifically about the accident – A post, comment, or video may show how the incident happened or contradict what they’ve said about it.
- Photos or videos from the scene – Images may capture vehicle positions, property conditions, weather, hazards, or other details that help establish
- Admissions of fault – A post in which they apologize, joke about the accident, or describe their own careless behavior may help confirm their liability.
- Evidence of distraction or unsafe conduct – Posts may show texting, drinking, speeding, or other risky behavior around the time of the accident.
- Statements that conflict with the defense – If they tell a different story online, that inconsistency may help challenge their credibility.
How Can You Protect Your Personal Injury Case While Still Using Social Media?
Lower the risk of harmful posts by taking the following steps to be more cautious online after an accident:
- Observe a 72-hour “digital blackout” immediately following the accident. Avoid posting while the facts are still up for debate, and your emotions are still fresh.
- Limit your posts. Fewer posts mean fewer chances for misuse.
- Adjust your privacy settings to reduce who can see your content.
- Avoid discussing your case, as statements may be taken out of context.
- Monitor your tags and mentions. Untag yourself from posts that could create problems.
How Long Should You Stay Off Social Media After an Accident?
Unless your lawyer advises you differently, stay off social media until your claim or lawsuit has been resolved. If staying completely off is unrealistic, post as little as possible and avoid photos, comments, tags, or updates about your health, daily routine, or the accident.
Contact a Connecticut Personal Injury Lawyer
If you got hurt in an accident someone else caused, you may be entitled to compensation for your financial and personal losses. An experienced personal injury attorney from Jainchill & Beckert, LLC, can help you understand your rights and options.
We have more than 65 years of combined legal experience and have a reputation for providing effective, highly personalized representation to injured people throughout Connecticut. Contact our office 24/7 to get started with your free, fully confidential case review.
