Sharing our daily activities and accomplishments on social media has become a large part of everyday life. However, what you post and share directly affects the outcome of your case when you’re seeking compensation for your injuries after a car accident. Social media posts are considered part of public discovery during an active case, so insurance adjusters and the at-fault driver’s legal team can use your posts, pictures, and videos against you to try to diminish the case’s value. They will scour your posts for any discrepancies, inconsistencies, and admissions of fault. Anything you post can be used as evidence, so it is important to be cautious when sharing updates after you’re injured in a car accident. When you work with a Waterbury, CT car accident lawyer, we advise you on proper online behavior so that you do not mistakenly invalidate your claim. While it’s best to avoid posting on social media altogether, that’s not always feasible. Here’s what you should avoid posting on social media after a car accident:
Accident Details
Keep accident details, photos, and videos between you, your legal team, and law enforcement, rather than posting them online. Sharing pictures of the accident scene may convey an inaccurate depiction of what happened. If these pictures show discrepancies between previously recorded statements, they could be used against you.
Details Of Medical Treatments
It’s imperative not to post details about your medical procedures and treatments on social media. If you need someone to talk to, ask a trusted friend if they are willing to have these kinds of conversations regularly to help you process your feelings without turning to the internet.
Trips to the Gym
It is natural to want to return to your regular weekly routine after an accident, including working out. However, “checking in” to the gym regularly or sharing the details of your workout regimen can give the false impression that you are healthy, well, and not injured. While working out can be a vital part of your recovery process, do not share details of your workouts publicly.
Venting Or Ranting
Venting about your accident on social media, while tempting, can severely damage your case. Social media may be your outlet to express your thoughts and emotions, venting about the details of your accident or the legal process could make things worse. Overtly negative posts may appear aggressive or angry, which will not look good if the post is used in court as evidence.
Overtly Joyous Posts
Sharing overly happy posts could also pose an issue from an insurance adjuster’s point of view. Posts where you share that you are healthy, happy, and feeling well could impact the validity of your claim, especially if you are seeking compensation for pain and suffering. These types of posts could show that you have psychologically recovered from the accident and that it is not impacting your daily activities.
Vacation Photos
Taking a vacation that involves intensive physical activities, such as hiking, biking, swimming, or camping, could be used against you in court. Sharing these photos may give the impression that you are healthy and well, and that your injuries haven’t significantly impacted your life. Often, this couldn’t be farther from the truth. It may take months of recovery to feel well enough to take your trip. However, photographic evidence won’t provide this context, so it’s better to avoid posting it.
Language To Avoid Using On Social Media After An Accident
Avoid posting any comments that could suggest you contributed to the accident, as this will negatively affect your case. Even seemingly innocent statements may be interpreted as an admission of fault. Avoid phrases such as:
- “I’m sorry,”
- “I feel so guilty,”
- “I didn’t see the other driver,”
- “I don’t know what happened,”
- “It’s my fault,”
- “I wish I would have done [insert action] to prevent the accident,”
- “I was on my phone when it happened.”
How To Protect Your Profile And Privacy
The best way to avoid posting something detrimental on social media is to refrain from posting altogether. Even information in private profiles can be retrieved in discovery and used during your case. However, you can implement a few additional safeguards to ensure your profile is as private as possible. First, make sure your social media profiles are set to the most secure, least visible profile setting available. Post sparingly, and never about the accident. Do not accept friend requests from people you do not know (these could be insurance adjusters seeking more information about the case). You will also want to monitor your friends’ and family’s ability to make posts about you online. Set your profile so that you must review all tag requests before they go live.
If you say something that you believe may have a negative impact on your claim, it is important not to edit or delete it. Doing so could be considered an attempt to suppress relevant information regarding the case.
Moore, O’Brien & Foti: Waterbury, CT Car Accident Lawyers
At Moore, O’Brien & Foti, we help accident victims start the road to recovery and ensure you are adequately compensated for your medical care and expenses regarding your injury. We work to ensure you avoid mistakes and comments that may impact your claim value—including what you share on social media. Call us today at 203-586-0022 or schedule a call online for a free consultation to discuss your case.