It's what people do now—post their daily activities on social media, particularly Facebook and Instagram, for the world to see. Personal pictures accompany news stories, opinions, rantings, and curiosities that demand answers and fill the feed with all manner of exciting, real-life entertainment, and spark conversation.
Cat videos, pictures of lunch, weddings, sunrises, and other mostly benign postings are enjoyable. But writing about and posting photos of a car accident or other personal injury case can lose your case for you.The opposing party's goal is to reduce or eliminate your claim any way they can. Insurance adjusters and private investigators will be watching your every move, and that includes steps you make online. Video surveillance by insurance companies is common, and social media makes surveillance faster and easier.Whether you're posting on Facebook, Instagram, Twitter, TikTok, LinkedIn, Snapchat, or any open-web platforms, you're probably being watched by someone working for the insurance company.
Updating Your Privacy Settings Doesn't Always Help
Many people don't realize that the entire online world cans see their posts, not just friends. Posting something and expecting people not to see it is like posting a sign on your lawn or by your front door and telling them not to read that sign right there. If a post goes viral and is picked up by a news organization, visibility increases tenfold.You can update your privacy settings on Facebook so that only your friends can see what you post. But that doesn't mean anyone else can't get to it. And deleting something doesn't make it disappear completely.How informed are you when accepting new friend requests? Unless you don't accept "connect" from individuals, you know, it's possible that your "new neighbor" actually works for the other party's insurance company. They might be related to someone who does, or they know one or more of your friends and get info from them. Furthermore, the defense can file a request for the production of documents that can include pages from all your social media accounts—and get it, even if your account is "private."Comments that seem to be innocent or even unrelated can be taken out of context by opposing counsel and used as "evidence" to quash your claim. It doesn't take much.Additionally, if you mention your accident to someone outside of social media—such as during a phone call—ask them not to mention your accident anywhere on social media. They may describe your injuries, or worse, tag you as being somewhere, such as a shopping mall. If you told the insurer you were unable to walk, that tag could be used as "proof" that you were not as injured as you claimed to be.
But I Didn't Mention My Case
That doesn't matter. Anything you say about the accident—or not—can be used as an "admission" of guilt, shift responsibility and blame to you, or at least be open to interpretation that you admitted to being partly at fault.From the moment you notify your insurer and file your claim, any involved insurance company is working hard to decrease the amount of money you'll be paid.Your accounts are being watched and monitored from the moment you report the accident, and anything you say will be used against you, no matter how simple or unrelated. Even personal comments about your state of mind can be taken as an admission of guilt or used another way to discredit you and your claim.
Your New Social Media Plan
While your accident case is pending, you have two choices:
- Close, deactivate, or delete all of your social media accounts.
- Reduce your social media activity to shares, likes, and scrolling, without commentary, and posting news stories.
If you choose the second option, monitor your account closely. Be conscious of pictures in which you are tagged by someone else. Even if the image is three years old if you're recognizable and someone tags you, it can easily be found by the defense and used against you. It's simple to un-tag yourself in the picture or on a post on Facebook so that followers aren't notified (other social media sites have similar instructions.) However, unless the poster removes the picture entirely, it will still be visible to their friends and followers.You should also mention to your friends and family, not to mention the accident on social media, since their comments and statements can also be used as evidence in court to contradict your statements and claim.The less you and others say on social media, the better.
Let KC's Popham Law Help With A Car Accident, Slip & Fall Or Other Personal Injury
When you need to talk to someone about your personal injury accident, stay away from social media, and call us instead. We'll e happy to discuss your case and give you a free consultation so that you make an informed choice about your next steps.If you've been injured as a result of negligence, whether in a car accident, a slip and fall, or others, contact The Popham Law Firm. Call us at (816) 221-2288 today or use our contact form. We'll schedule an appointment and talk with you about how we can help.
