When people post on social media after an accident, they can adversely affect their claim for compensation. Insurance companies and their attorneys may review social media posts to find photos or comments that can give them an upper hand for undermining the victim’s claim. While it can be tempting to share experiences with friends and family via platforms like Facebook and Twitter, we’ve seen cases where social media posts have jeopardized claims, even when they had nothing to do with the accidents or injuries.
Comments Might Pass as Admission of Fault
Determining who is at fault after a car accident can be a very complicated process unless one of the parties admits to liability. Posting casual comments such as “I never saw that car coming” or “I just crashed my vehicle” can be misconstrued to imply that the victim is admitting to having caused the accident, even when the reverse is true. To avoid misinterpretation in court, it is imperative to avoid making such comments on social media. Also, posting too much can be used to show that the claimant did not suffer the emotional distress that is normally associated with severe accidents.
Online Posts Might Be Used to Counter Injury Claims
Victims who post details about their activities after an incident can jeopardize their case even when the photos or comments have nothing to do with the accident or injuries. We recently witnessed a case that went to shambles after the complainant posted selfies while engaging in sports shortly after filing for compensation for injuries sustained during an auto accident.
Friends’ Posts Can Impact a Case
Social media friends’ seemingly harmless comments and photos can portray the claimant as guilty or less injured than the claim suggests. For instance, if a friend jokingly posts remarks like “You had that coming,” it can be misconstrued to mean that the claimant is known to be an unsafe driver. If someone posts images of the victim dancing or playing sports, physical or psychological injuries may be misrepresented.
After an accident, victims should also note that any post made on social media can be legally accessed even when accounts are set to private or posts are later deleted.