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The average person shares information with friends, family, and the public on social media without thinking twice. However, seemingly harmless posts can come back to haunt you. Case in point: posting a photo of yourself dancing at a wedding a week after you claimed injuries from a car accident. Insurance companies and defense lawyers actively look for social media use content that could potentially contradict your claims or minimize the severity of your injuries.
Following a car accident, it is advisable to refrain from posting any details about it on social media platforms. This includes photographs of your vehicle, descriptions of the accident, or mentions of your injuries. Even posts that seem unrelated to your case can be misinterpreted or taken out of context by opposing parties. For example, if you claim to have suffered a serious back injury but later post pictures of yourself engaging in physical activities, these images could be used to dispute the severity of your condition. Similarly, posts expressing guilt or apologizing for the accident might be construed as an admission of fault, even if that was not your intention.
Insurance adjusters are trained to investigate claims thoroughly, and examining your social media profiles has become a standard practice. They search for any content that could potentially reduce their liability or the amount they might have to pay for your claim. For instance, if you state that you are experiencing significant pain and suffering, but your social media shows you smiling and participating in social events, the insurance company might argue that your injuries are not as severe as you claim. They might also use timestamp information to challenge your version of events or question the timeline you have provided.
Deleting your social media accounts entirely after an accident is not recommended, as it could be perceived as destroying evidence. Courts may view this action unfavorably, and it could potentially harm your case. A better approach is to temporarily suspend your activity on these platforms during the legal proceedings. If you must use social media, adjust your privacy settings to the highest level and be extremely cautious about what you post or what others post about you. Remember that even with strict privacy settings, your content is not completely protected from discovery in legal proceedings.
Yes. If a friend tags you at a party or shares a photo of you participating in a physical activity while you are claiming to be severely injured, this content could be used against you. It is important to communicate with your close contacts about the importance of not posting about you or your activities during the pendency of your case. Ask them to refrain from tagging you in photos or mentioning your activities in their posts.
We recommend limiting your social media activity until your case is fully resolved. The duration of a car accident case can last from a few months to several years, depending on the case specifics. During this entire period, it is best to assume that anything you post could potentially be seen by those involved in your case.
If you have already shared information about your accident on social media, do not delete these posts, as this could be considered tampering with evidence. Instead, refrain from making any additional posts related to the accident or your injuries. Consult with your lawyer about any existing posts that might affect your case. They can provide guidance on how to handle this situation.
Our team understands the nuances of personal injury law and can guide you through the legal process while protecting your interests. For a free consultation, call the Wilmington car accident lawyers at Jacobs & Crumplar, P.A. at 302-656-5445 or contact us online. With offices located in New Castle and Millsboro, Delaware, we proudly serve clients in New Castle County, Kent County, and Sussex County.