If you have ever talked to someone going through a lawsuit or insurance claim, they may have told you their lawyer advised them to stop posting on social media. This is quite common, as insurance companies and other liable parties could try to use the words, pictures or videos to undercut the case.
In this blog, Galloway Jefcoat’s Lafayette car accident lawyers discuss the dangers of posting on social media during a car crash claim. We explain why it is usually best to stop posting or strictly limit what you put on your social media accounts during the case.
Our lawyers have successfully recovered millions of dollars in compensation for our clients throughout Louisiana. We have the resources and staff to help guide you through each part of the legal process.
Dangers of Posting on Social Media When Seeking Compensation
The at-fault driver’s insurance company will be looking for any reason to deny or underpay your claim. For example, they will look for reasons to attack your credibility:
- They may question your statements about what happened in the crash or statements you made to your treating doctor.
- They may look for inconsistencies in statements you made at different times, such as after the crash compared to weeks or months later.
However, they are going to need evidence to back up these arguments. One place they will look is your social media accounts. They know many injury victims are unaware of the dangers of posting on social media and how their posts could be used against them.
These are just some of the many dangers of posting to social networks like Facebook, Instagram, X or TikTok:
Contradicting Yourself
Even though your car accident claim is based on the other driver being at fault, you might apologize for the crash on social media. For instance, you might say “I feel so bad about the accident.” The insurance company could say you posted this because you know you did something wrong.
The insurance company could compare what you said in a social media post to something in the police report or your earlier statements. They may say these statements do not line up, calling into question all your statements about what happened in the crash.
Insurance companies could look at posts from before the accident for evidence of a preexisting medical condition. They could use an old post about a doctor’s appointment or medical issue to say this is the source of your medical costs. They could say this contradicts statements you made about your injuries.
Showing Your Physical Abilities
These are some examples of posts that may say something about your physical abilities:
- If you “check in” at a gym or sporting event, you could be giving the opposing side an argument that you exaggerated or even lied about the injuries you claim you suffered from the car crash.
- Posting pictures from a vacation, a small get-together with friends, or even doing chores inside or outside of your house could raise questions about the severity of your injuries.
You may think these pictures are harmless, but you do not want to give the insurance company something to use against you.
Comments From Family and Friends
Even comments about your accident by people you are connected to can be used against you. Jokes about how much money you could recover, for instance, may harm your case.
Family members may want to say they are happy you are going to recover or that your injuries are not worse than they could have been. This may seem harmless, but it is not. It is better for friends or family members to say these things offline where they cannot be recorded.
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What About Privacy Settings?
Privacy settings can only go so far to shield your social media profiles from prying eyes. Even adjusting your privacy settings so only friends can view your posts is not foolproof. Be cautious about adding any new friends during the case. These profiles may have been created by the liable insurance company to try to view your posts.
A judge may require you to produce your social media posts. This means, even if your account is set to private, those involved with the case may be able to see your social media activity and use it in court to discredit your claims.
This could be especially true if the at-fault party’s legal team becomes privy to content you posted that they view to be damaging to your injury claim.
The bottom line is that you need to be cautious about what you post, regardless of your privacy settings.
Should You Go Silent on Social Media During Your Case?
The safest plan is to stop posting on social media during your case. You may even want to consider deactivating your accounts and taking a break from posting on social media until your case is resolved. If you keep your accounts active, you might be tempted to keep posting.
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What To Avoid if You Continue Posting
There are not many situations in which posting on social media can help your case. If you decide to stay active on social media, limit your activity to liking others’ posts and sharing news articles.
Some other activities to avoid on social media include:
- Personal posts
- Angry, defamatory or impulsive comments about the defendant
- Posts related to your case
Your legal counsel’s job is to build a strong case and help you recover the compensation you need for your injuries. Anything you put on social media can work against them. When in doubt, do not post.
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Call Galloway Jefcoat To Discuss Your Claim
If you suffered injuries in a collision and you think the other driver may be at fault, our experienced lawyers may be able to help you seek compensation. For instance, you may be eligible for compensation for medical costs, lost wages, and possibly pain and suffering.
Our Louisiana attorneys have recovered millions in compensation for crash victims. We do not charge upfront fees for our legal services, and our clients do not pay unless we secure compensation.
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