Following an accident, most individuals go onto social media sites to share their experiences with friends and family members. While sharing your experience may seem harmless, your social media post can easily turn into evidence that insurance companies will use to either diminish or completely eliminate your claim.
Most insurers constantly monitor the social media posts of all accident victims and search for posts, photos, and video posts to either deny or minimize the amount of money they pay accident victims. Insurers search for any type of social media post that may contradict the severity of your injury(s) or the extent of your damages.
How Insurers Can Use Social Media To Hurt Your Claim
Personal injury insurance adjusters and attorneys have sophisticated tools to research multiple social media platforms to find any information that will weaken your claim. They will also search for any photos or video posts that depict you engaging in some form of physical activity. For example, when they see that you checked-in at a restaurant, event, or post a picture of you at the beach; they will claim that you are capable of traveling and socializing and therefore your injuries were not as severe as you claimed. Most importantly, insurance companies care little about the context behind your social media posts. Their primary focus is to minimize what they will have to pay you and they will use your social media posts in a way that will best serve their interests.
Your Private Social Media Account Will Not Protect You From Insurer Access
One of the common misconceptions people have regarding social media is that since their account is private, they are protected from anyone accessing their information. However, courts can compel you to provide social media information, including private social media posts, direct messages and even deleted content. Even though privacy settings may limit who views your social media posts in real-time, these restrictions will not restrict court ordered discovery of your social media posts. In addition to court ordered discovery, insurer investigators can access your private social media information via a connection you made with another person. For example, if a friend or family member tags you in a post, you now have publically available content. As soon as you file your claim, you should consider that the insurance company will have access to all of your social media content.
What Not to Post On Social Media While Your Claim Is Active
As a general rule, it is best to refrain from posting any content that relates to your accident, your injury, or any of your daily activities. This includes taking any photos or videos depicting you engaged in any type of physical activity, checking-in to any location, posting any updates related to your health, commenting on any other persons’ posts, etc. Simply put, you need to ensure your social media reflects the reality of your situation. If you claim your injuries prevent you from working, socializing, or performing any of the normal day-to-day activities; then your social media should accurately reflect those limitations.
For example, posting a photo of you smiling at a family function (even if you are using crutches), raises questions as to whether you are actually as injured as you claimed. Regardless of how you feel, you must remember that insurance companies will view your social media posts in the worst possible light.
Friends and Family Posts Are Also Relevant
Although you cannot control what your friends and/or family members post about you; however, a well-intentioned friend/family member who tags you in a photo can still harm your case. Therefore, you should inform your friends and family members that you are currently involved in a legal claim. Request that they not post about you or tag you in any photos.
Do Not Remove Any Content That May Harm Your Claim
If you have previously posted content that may harm your claim, please do not remove such content. Removing such content may be considered as destruction of evidence by the court. Courts take the destruction of evidence very seriously. Such actions can result in sanctions being imposed upon you and/ or negatively impact your credibility with a judge/jury.
If you believe you have previously posted content that may harm your claim, contact your personal injury attorney prior to removing the offending content. Your attorney can assist you in handling such content in a manner that protects your rights.
Contact A Personal Injury Attorney
According to personal injury attorney J.J. Dominguez of The Dominguez Firm, “Social media has become one of the largest obstacles to obtaining a successful outcome on personal injury cases. If you have recently retained a personal injury attorney, please consult with him/her prior to posting anything on social media. We help our clients identify potential pitfalls of social media and assist them in protecting their rights in today’s digital world.”
