When you think about posting on social media after a car accident, you must understand that what you post can be used as evidence against you in your claim. Courts recognize digital content as potentially admissible evidence. Even posts and pictures you think are innocuous can come back to haunt you. The defense lawyer and insurance company will comb through your social media accounts to find anything they can use against you in your claim.
This extends to more than direct statements about your injuries or the accident. For example, if you post a photograph showing that you recently enjoyed a ski trip with your family, the insurance company might try to use that picture to argue that your injuries are not as severe as you have claimed. Before you post anything on social media, you should carefully consider how it might affect your ability to recover compensation for your losses.
Making emotional statements on social media following a car crash can also harm your claim. In some cases, you might say something in a post that conflicts with the statements you have made in your legal case out of a sense of frustration or anger. For example, many people use hyperbole or exaggeration when posting on social media after a car crash, while others may try to minimize their injuries to reassure others they will be fine. These types of emotional statements can introduce statements against your interest because they could conflict with your testimony. This can harm your credibility and undermine your claim.
It doesn’t matter if you think your privacy settings are so tight that the insurance company or defense lawyer can’t find posts you make. Even if you set your privacy settings to friends only, one or more might share your posts with others or take screenshots. You or a friend could have a mutual connection to the lawyer or the defendant and provide this information to them. Since many people mistakenly believe that what they post on social media is private, some compromise their car accident claims. Defense attorneys and insurance companies are adept at finding social media posts and other evidence that plaintiffs believe are protected.
It’s not just your posts or photographs that can harm your claim. Other things that can be used against you include comments you make on others’ posts, pictures you are tagged in by friends or acquaintances, and location check-ins. Even if you aren’t directly posting on social media after a car accident about your experience, these other pieces of evidence can provide the insurance company with insight into your health, emotional state, and activities.
Instead of trying to increase your privacy settings or limit your audience, the best course of action after a car accident is to stay away from social media altogether. It’s also a good idea to disable your social media accounts while your claim is pending. This can help you avoid being tagged by others or having someone share something from your social media accounts with the insurance company or defense lawyer. While this might be frustrating, it’s best to keep the information between yourself and your attorney until your claim has been resolved. Your digital footprint is permanent, and things that you or your friends say about your accident or injuries can come back to haunt you.
Following a car crash, reach out to the experienced car accident lawyers at Ellis & Associates as soon as possible after your crash. Call us for a free consultation today to learn about and protect your rights at 800-MR-ELLIS or send us a message online.
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