Social Media and Your Car Accident Claim, Don’t Take that Selfie

Posted on March 23rd, 2018

Social Media is a common staple in the lives of millions of people. Popular social media networks such as Facebook and Twitter have replaced face-to-face interactions and emails as a primary communication method. We use social media to stay connected with close friends and family, reconnect with acquaintances from our past, and make new friends. Photographs of birthday parties, graduations, and other life-changing experiences are uploaded in seconds for everyone to see. So, it makes sense that someone involved in a car accident would use social media to share details. However, posting that selfie can have a negative impact on a car accident claim.

Social Media Photographs Can Harm Your Claim For Damages

If you are involved in a car accident you may file a claim seeking damages for pain and suffering. These claims are filed to recover damages for medical treatment, recovery, lost wages, and any other circumstance in which your daily activities have been altered. Medical experts may be called to testify on the extent of your injuries. Family and friends may be called to testify about your pain. The defense’s job is to discredit you and the validity of your claim. Today, one of the best sources of evidence is your social media profile.

Anything you post on your social media profile is public record and can be used as evidence to dispute your claim. Methods to obtain access to your social media profile can include hiring someone to “friend” you or obtaining a court order.

Types of Social Media Posts That Can Harm Your Claim

Current pictures of you riding a bike, skating, or jogging contradict your claim for pain and suffering. Past photographs of you engaging in activities such as rock climbing, bungee jumping, or riding an ATV may lead the insurance company to believe your injuries are from engaging in those activities, not the car accident. Selfies of you standing next to the car makes you look dishonest if you are seeking damages for physical injuries. Pictures of you at a social event can mislead judges, juries, and insurance companies about your true emotional state. A picture is worth a thousand words even if they are not your actual words.

What Should You Do?

The simple solution is to shut down your social media accounts until your claim is finalized. If that is not a viable solution be careful what you post. There are several steps you can take to protect your information:

Monitor your social media accounts
Scrutinize new friend requests
Avoid posting conversations with your attorney or information regarding your case
Do not post health updates
Modify who sees your social media profile in your privacy settings

In December 2017, Facebook released a facial recognition feature that alerts you when someone posts a photograph of you. It is too soon to know its impact on car accident claims but Facebook allows you to opt out of the feature in your profile settings. People with valid claims can be affected by the actions of their friends and family on social media. Ask friends and family to avoid posting photographs that include you until your claim is settled.

Car accident claims are complicated. An experienced Denton car accident lawyer can guide you through the legal process.