6 Ways Social Media Can Impact Your Car Accident Claim
Social media is a communication tool. However, public posts are not like private phone calls. They are more similar to yelling through a megaphone on a street corner. While you might want the entire world to know about your morning workout, you do not want the opposing party in a Santa Fe car accident claim to use your words against you.
The warning that “anything you say can be used against you” was created to advise criminal defendants against making inadvertent admissions of guilt. The same warning could apply to personal injury claimants. Insurers and at-fault drivers will scour your social media feeds for anything they can use or misuse against you.
Here are six ways your social media can impact your car accident claim:
1. Oversharing Personal Information
How many times have you posted that you are feeling good? Maybe you regularly share pictures of yourself giving the thumbs-up sign. You might see this as harmless fun. Although these posts do not relate to your accident or injuries, insurers can twist them to question your description of your injuries.
Suppose that you posted after attending a family event, like a birthday party. An auto insurer might try to use this post to question whether you suffered from post-traumatic stress disorder (PTSD) after your accident since you seem to be living a normal life free from panic attacks. This interpretation might be incorrect. But the post opened the door to the attack.
2. Revealing Your Physical Abilities
Every insurance defense lawyer dreams of finding evidence that a claimant faked or exaggerated their injuries. Social media provides a wealth of information to support these accusations.
When you post pictures or videos after your accident, opposing lawyers will look for any indication that your injuries are different or less severe than you described. For example, contrary to your claim, they might see a video of you at the fair and use it to prove that you can walk without a limp.
3. Unintentional Admission of Fault
Posts about your accident are very dangerous. Your words describing the crash might be misconstrued to imply that you caused the crash.
After a crash, you might feel overwhelming emotions that have nothing to do with who caused the crash. You might experience sadness about losing your car. You probably feel unwell from your injuries and the treatment you received. You may have been traumatized by seeing the injuries suffered by others involved in the crash.
When you post that you “feel bad” about the crash, you might have ample rational reasons for your emotions. However, the insurer will argue you feel bad because you caused the collision.
4. Privacy Settings May Not Be Enough
When you use social media, you may become complacent about privacy. However, even private posts can become public through intentional or unintentional sharing. For example, when you set your privacy settings so that only friends can see your posts, you must remember that friends of your friends may also see them if your friends comment on them or share them.
5. Impact of Friends’ and Family Posts
In addition to your posts, you need to worry about posts from friends and family members. For example, your brother might tag you in a photo of you hiking or playing softball together. Similarly, a friend might comment on your post, leading to a public conversation containing private information.
6. Maintaining Your Online Presence After an Accident
Can you maintain a social media presence while pursuing an injury claim? There is no easy answer. You should discuss the risks and benefits with your lawyer before you do something that creates significant problems for your case.
If you and your lawyer decide you can continue using social media, you should consider the following:
- Never post anything about the accident or your injuries
- Refrain from posting about your treatment
- Avoid posting photos of yourself
- Do not talk about your activities
Following these rules might take the fun out of social media. But they may make the difference between winning and losing your case.
Balancing Social Media and Your Claim
You must maintain awareness of your social media use after a car accident. Insurers are often desperate for information that will help them deny your claim. As you decide whether to maintain your social media, you should consult a personal injury attorney.