Can a Social Media Post Affect My Car Accident Case?
When you are in a tragic accident, suffering in a hospital, or struggling to meet your financial goals because of the decisions of others, you may wish to share your concerns with your family and friends. You may want their support or to vent your anger and frustration. While these are very real and authentic feelings, you should not use social media at this point. You might be thinking, “How can a social media post affect my car accident case?”
You may be surprised by what a simple post on social media – even one not on your own page – can do to your car accident case. At Soroka & Associates LLC, our car accident attorneys in Columbus can help protect your case and help you get the justice you deserve.
Should I refrain from posting on social media after an accident?
Simply put, anything you post on social media can be used against you in your car accident case, whether you are simply trying to settle your claim with the insurance company or seeking out financial compensation in a lawsuit. We do not recommend posting on social media in any way.
Specifically, you should NOT post:
- Photos of the incident
- Videos of the incident
- Statements about what happened
- Statements about what you think happened
- Details about your injuries
- Updates on your recovery
- Limitations or accomplishments you make in therapy and recovery
- Activities you are engaging in now (even events you are attending or trips you take)
Whenever possible, simply avoid any interaction with social media posts. This is one of the most important tools you have to strengthen your case and protect it from any potential financial loss.
How can a post affect my case?
It may seem strange that a social media post can cause so much frustration and, in some ways, even financial loss. Yet, there are several reasons why you should not post.
Insurers may use this as evidence in your case
One of the downfalls of using social media is that it can impact your ability to get compensation. The insurance company may use whatever you post there to prove that you were not hurt, that you were at fault for the incident, or even that you have recovered fully. None of this may be true, but these videos become evidence that can be used against you.
Updates to your condition can limit your recovery
If you are likely to need several procedures and your recovery will take months or longer, a simple social media post that states, “I feel good today,” can be used against you. Even if your friends and family want an update and you may have made significant recovery steps in therapy, this type of post puts you at risk of losing future compensation if it can be inferred that you have recovered or are getting better.
Statements about your activities put you at risk
You may have spent a month in the hospital and are still struggling in pain. Yet, you head to a friend’s home for a meal and want to share that on social media. Do not do so. It shows that you are mobile, you may be engaging in various activities, and that you may be overstating your injuries. In short, insurance companies (and attorneys for the at-fault party) will use the statements about what you are doing against you to prove you may not be suffering as much as you claim.
A photo of yourself
If you post a photo of yourself even in a hospital bed, it may be used in some way against you. If you post a photo of your injury, you may be giving the other side an opportunity to see discovery before that part of the process, which can give them an advantage when it comes to selecting a medical expert. If you post a photo of the car in the accident, you may be giving accident recreationists an opportunity to manipulate it to prove that you were at fault.
Simply stay off social media
As your car accident attorney in Columbus, we cannot encourage you enough to avoid using social media while you have a pending settlement or lawsuit. Avoid things like GoFundMe accounts that provide details of your injuries or explanations of your recovery. Avoid any updates posted by family and friends about your condition and recovery. Ask those who visit you not to take photos or at least not to post them online.
It is hard to do, but the reality is, insurance adjusters are counting on it
When you are facing a serious car accident with a long road to recovery, it is critical that you do all you can to protect yourself from financial loss. You are owed compensation, but the insurance adjusters will do anything they can to reduce what is paid to you. It is their job to do this. As a direct result of this, you have to do what you can to eliminate any opportunity to use information against you. It can be complicated and frustrating, but our legal team is here to help you.
If you have any questions about posting on social media, reach out to our Columbus car accident attorneys to discuss your needs. We encourage you to do this, especially if family and friends want to support you with fundraisers and other types of updates on your medical needs and care. Let us make sure they are not harming your case in the process.
We encourage you to put your case in our experienced attorneys’ hands. Social media can affect your car accident case, but we will work to gather as much information as possible to protect your right to fair and maximum compensation. Call the office of Soroka & Associates, LLC, or complete our contact form to request a free consultation to discuss your case. Your car accident lawyer is ready to help you. We serve clients all throughout Central Ohio, and we are here for you now.