Social Media and Car Accident Claims
Can Social Media Posts Interfere With Your Car Accident Claim?
Yes. You should avoid posting any photos or status updates about your accident or injuries on social media. Websites and apps like Facebook, Twitter, Instagram and Snapchat are often used for posting personal life updates. It is common to want to share your experience after an accident as a way to reach out to friends and family for help and emotional support.
Unfortunately, anything that you post could end up interfering and potentially damaging your case. Luckily, you have a lot of control over the situation by completely avoiding posting about your collision, your injuries, your health and any related activities.
It is important to realize that insurance companies will analyze any information they can find to either deny or lessen an injury claim. If your accounts are public, everything that you post is public and can be used as arguments against your case. If your accounts are private, the defense attorney has the right to obtain access to your account to gather evidence that is related to the case.
TO BE SAFE, AVOID POSTING ANYTHING RELATED TO YOUR INCIDENT ON SOCIAL MEDIA PLATFORMS.
INSURANCE COMPANIES WILL SCRUTINIZE EVERY PIECE OF EVIDENCE TO EITHER DENY OR LESSEN YOUR INJURY CLAIM.
- Comments about the crash may be seen as admitting fault. A comment explaining what happened in the collision or what you think may have contributed to a collision may be misinterpreted and used against you. If you have ever misinterpreted a text message that you received from someone else, you will know how easy it can be for a message to not come across clearly or to be misconstrued.
- Posts on social media may be collected as evidence. Photographs, statuses, tagged photographs, comments on others posts, conversations between friends and location check-ins may be used against your claim to show that you are not injured, you were at fault for the accident, or your claimed injuries are not as serious as you make them out to be.
- Being too active on social media platforms can negate the seriousness of your injuries and the legitimacy of your claim. Posts about hanging out with friends, eating out, shopping or walking the dog seem harmless. However, these may be used to show that you are exaggerating the severity of your injuries. Similarly, it may be used as evidence that you are capable of working, you are not permanently injured, or that you do not need further treatment or compensation for your injuries.
The best solution is to not post at all. Avoiding all social media may feel extreme, but it is worth it to protect your privacy and to avoid harming your case.
The personal injury attorneys and team at the Dietrich Law Firm P.C. want to obtain the best possible results for your case. It is important to protect your privacy because information can easily be misconstrued as evidence against you. If you, or a loved one, need zealous representation, Jed Dietrich, Esq. and his aggressive, tenacious and hardworking team of Buffalo, New York personal injury lawyers at the Dietrich Law Firm can be reached 24 hours per day, 7 days per week at 716-839-3939.
The insurance companies will try to show that your injuries are not as bad as you claim. When you are involved in a car accident claim, insurance companies are looking to prove that you are living life as you were before the accident. They will scrutinize your posts and photographs to gather any evidence they can. Posting photographs or status updates should be avoided as much as possible. This includes posts that are not related to the accident. For example:
- Participating in a sporting event;
- Cheering on/watching a sporting event;
- Driving yourself or driving with others;
- Going on vacation;
- Drinking or partying;
- Casual shopping trips;
- Working or looking for side jobs; and
- Exercising or gym check-ins.
It might seem unfair, but insurance companies and defense attorneys will try to use anything you post against you. A casual day out at the mall with friends can seriously jeopardize how legitimate an insurance company thinks your back injury claim is.
Example 1: A friend reaches out and states, “I heard what happened with your car accident, how are you doing?” You reply, “I am fine” or “I am okay” even though you were seriously injured and you are still treating with doctors and/or disabled from work. The inconsistencies may be used against you to show that your injury claims are not legitimate.
Example 2: A post stating that you and a friend are going shopping, going out to eat or going to watch a sporting event. This status can be interpreted as being okay to drive or ride in a vehicle for long distances. The ability to sit comfortably in a vehicle may be used to show that your neck or back pain is not as severe as you claimed.
Jed Dietrich, Esq. and his team at the Dietrich Law Firm P.C. want to help maintain your confidentiality regarding your incident. Facebook, Twitter and Snapchat are common, well-known social media platforms that insurance companies and defense attorneys are familiar with. Keep yourself safe and avoid posting on social media platforms.
Since 1999, Jed Dietrich, Esq. has handled personal injury cases and has fought tenaciously to earn his clients the best possible results. Jed Dietrich, Esq. is a Buffalo, New York personal injury attorney who is recognized as a Best Attorney of America and New York Super Lawyer, and he strives to provide the highest level of personal injury service to his clients. Furthermore, Jed Dietrich, Esq. has obtained $1 Million, or more, over 38 times from insurance companies on behalf of his clients in Buffalo, New York; Rochester, New York; Niagara Falls, New York and throughout New York State. Just CALL JED at 716-839-3939 for the help that you need.
Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!