Social media has become an integral part of our everyday communication, and it’s often second nature to post about significant events in our lives.
After a car crash or workplace injury, it may feel natural to post an update, share a photo with friends, or explain how you are feeling on Facebook, Instagram, or TikTok. However, if you are pursuing a personal injury claim, what you share online could potentially be used against you by the insurance companies and their legal defense teams.
Throughout our years of representing injury victims, our team is frequently asked how social media posts can affect their personal injury claim. Some of the most common questions we hear include: Can posting on social media hurt my personal injury claim? What should I avoid posting while my injury lawsuit is pending? Can insurance companies use my social media posts against me?
Our lawyers at Spiros Law provide guidance and helpful information that can help you avoid mistakes that may hurt your case, including why you should avoid using social media after a car crash, workplace incident, or any other type of personal injury.
Why Posting on Social Media Can Be a Costly Mistake
Insurance companies are eager to find any evidence they can to challenge your injuries and minimize your compensation – and your social accounts may be used as evidence.
Adjusters have the legal right to request your social media activity during the claims discovery process. Posting on your social media accounts to update friends and family about your emotional state or recovery after a serious injury seems innocent, but it can cost you.
Here are four risks of using social media to be aware of, along with how insurance companies can use them to their advantage.
Nothing You Post Online is Entirely Private
Social media puts your daily life on display and subject to scrutiny. Insurance companies use sophisticated methods to monitor your online activity. Their goal is to track your posts to establish timelines or evidence that contradict your original statements about what happened.
Insurance companies use public information, specialized software, and even private investigators to examine your Facebook, Instagram, Snapchat, or other accounts, especially for more serious, higher-value injury claims.
Posts That Contradict Your Reported Injuries
What you believe is a harmless update might sound like an admission of fault when taken out of context.
Some common statements insurance companies look for in social posts that can damage injury claims include:
Contradicts injury severity:
- “I’m okay, just shaken up.”
- “I’m thankful it wasn’t worse.”
Suggests you were not paying attention or could be at fault:
- “I didn’t see them coming.”
- “I wish I had stopped sooner.”
- “I was running late.”
Implies you are back to normal or pain-free
- “I’m trying to get back to being myself.”
Event or Location Check-Ins Can Raise Suspicion
Geotags and check-ins at gyms, restaurants, or events suggest a lifestyle that conflicts with medical restrictions.
Photos and Videos Posted by Other People
Insurance companies may also examine tagged photos from friends or family or comments you make on other people’s content.
For example, you or someone you know could post a picture of you smiling at a friend’s birthday dinner party. If presented to a jury, that one photo could be very damaging, suggesting that you were well enough to go out for fun, but you claim you could not work.
Think Before You Post After an Accident
If you choose to use social media while your personal injury case is ongoing, remember these important tips:
- Do not post any photos or videos about your current personal injury claim
- Do not discuss your accident, your injuries, or recovery
- Restrict tagging and comments on all social media
- Ask family and friends to refrain from tagging you
- Do not accept new friend requests or join new groups
- Disable check-ins for all social media accounts
- Set all of your accounts to private
- Set security levels to the highest settings on all accounts
- Do not comment on anything that is public
- Avoid discussing daily activities or what you wish you could be doing
Consult a Personal Injury Attorney Near You Today
It’s important to never give insurance companies a reason to dispute your personal injury claim. If you’ve been injured because of someone else’s negligence, you should only share the evidence in your case with an Illinois personal injury lawyer, like our team at Spiros Law, and not your social media followers. Even an innocent post can create unnecessary challenges for your personal injury claim.
Let the experienced personal injury attorneys at Spiros Law tell your story, protect your rights, and ensure your claim is presented as accurately and effectively as possible.
We offer legal representation to injury victims in a variety of personal injury cases, including:
- Car collisions
- Motorcycle collisions
- Workers compensation
- Wrongful death
- Construction injury
- Dog bites
- And more
We have offices conveniently located throughout Illinois in Champaign, Danville, Kankakee, and Mattoon.
