Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Due to precautions related to COVID-19, we have expanded our options for remote consultations. Please contact our office to discuss whether a full phone consultation or video conference is appropriate for your situation.

Social media: a risk for your personal injury claim

On Behalf of | Jul 9, 2021 | Personal Injury |

We mostly use social media to post about different events in our lives and to catch up with friends and family. That is why it may feel natural for us to post something when we get into an accident. However, any activity you have on social media after an accident can seriously affect your injury claim.

Social media as evidence

Any insurance company or defendant can use your postings on social media as evidence against your claim. If you post or comment after an accident, the insurance company may immediately think that you are not as injured as you claim to be. It would be even worse if you specifically write that you are okay after the accident, so you must avoid that at all costs.

You also need to be careful about what your friends post. If a friend uploads a photo or a video in which you are doing something that you couldn’t have because of your injuries, the insurance company will use that content as evidence to undermine your claim.

Your activity also matters

Overall, you should avoid social media after an accident. Even if you don’t post anything about yourself, the defendant can use your activity as evidence against you, especially if you are active within hours or minutes after the accident. In their eyes, someone severely injured wouldn’t be looking at their phone.

Deleting it may not be enough

Deleting a photo or video could seem like an easy fix, but it is not. If someone else saw the post before you deleted it, the court may accuse you of spoilation. Spoilation is when you intentionally hide, alter or destroy evidence that you know can be used against your case. If you hide evidence, you will be violating the law.

Silence is the best alternative

Social media activity is admissible in court as evidence. Avoid contradicting your claim’s testimony by not using social media after an accident, even if you have a private account. Some injuries require high medical expenses, so don’t risk losing out for a social update.