After a car accident, you want to be able to present the best case possible to your insurer. Regardless of whether or not you hire a lawyer for your auto accident claim, you will want to avoid making any posts, or comments in relation to your car accident on social media. Additionally, it may be helpful to close your social media accounts until your claim has been settled.
Any comments or posts on social media become public statements that can be used against you. If you post details or comments about your car accident on social media, you can expect insurance companies to use this information to decrease or even disregard your claims. Insurance companies monitor social media sites searching for those who have filed claims.
5 Ways Social Media Sites can Ruin Your Car Accident Claim
- Any posts of your activities can be used against you as evidence that your injuries are not as bad as you claim. For example, a vacation photo may indicate to your insurance that your injuries aren’t affecting you as severely as you may have indicated; regardless of your actual pain levels.
- Comments about the accident can lead to a reassignment of fault. Comments such as “I looked up. . .”, “I didn’t see them coming” or “They came out of nowhere” imply that you were focusing elsewhere. Attorneys, or insurance adjusters, may interpret these statements as an admittance of fault.
- Posting “too much” can generate claims that the accident didn’t negatively impact you and/or that you don’t deserve compensation for emotional or physical suffering.
- Talking about your case on social media will nullify any confidentiality protections you may have had. Posting anything online makes it public information. Meaning, once the details of your case become public information, any confidentiality protections (like an attorney-client confidentiality agreement) will no longer apply.
- Bad mouthing the insurance company may cause them to argue that you’re not negotiating in good faith, allow them to claim that they shouldn’t have to negotiate with you at all.
Can the Defense Attorney Subpoena Information on Your Social Media?
Information on social media accounts fits under the Stored Communications Act, which is part of the Electronic Communication Privacy Act. These federal laws provide protection for your personal information. However, your information becomes available to law enforcement if you are facing criminal charges. Furthermore, defense attorneys can gain access to your social media once your claim goes to court.
Your Private Profiles are not Private
You may believe that having a private profile will prevent anyone from pulling information from your social media accounts. However, this is not the case. If your claim is taken to court, the defense attorney can gain access to all of your social media accounts. Furthermore, they can access private messages and in some cases deleted posts.
How to Keep Social Media From Affecting Your Case
- If you can, restrict the all tagging features and disable the sharing of your posts
- Avoid adding new friends or followers unless you know them
- Never add an insurance adjuster or insurance company employee
Overall, avoiding posting on social media until your claim settles will help your case. If you do post, never mention your accident or your claim. If you must, update your friends and family members privately; warn them not to mention your accident online or make any posts about it.
Additionally, closing your social media accounts until your claim settles will prevent these claims from coming against you. If you choose to do so, inform your close friends that you are deleting social media for a while. Then delete your account; don’t reactivate it until your case settles.
Were you or someone you know involved in a recent auto accident? Call Auto Accident Care Network now at 801-683-1948 to connect with a live care advocate. Our team at AACN can connect you to trusted attorneys and doctors to schedule a free legal consultation, a free thirty-minute massage, and a no-cost medical exam!