Summary: Social media can be extremely damaging to an auto injury case, so don’t share anything about your crash and talk to your lawyer about how to handle your existing online profiles.
Did you know social media could ruin your chances of getting money for your auto accident injuries? You might be tempted to share details of your crash on TikTok, Twitter, Instagram, or Facebook, but think very carefully before doing so. Anything you say and any photo you share could come back to haunt you later. The other side will be looking closely at your social media for ammunition to use against you.
Small Crash Details Can Become a Big Deal
Most people think it’s no big deal to share the details of their life on social media. You get a new dog, you share a photo on Instagram. You get married, you post an update on Facebook.
But sharing information about a car accident is risky. Your lawyer will tell you not to post anything online for a very good reason: It’s all potential evidence against you.
Let’s say you share a short video that shows your twisted, wrecked car after a crash. If the insurance company finds this video, they may examine it closely and use it to dispute every little detail of the crash. If the video shows you laughing or joking around, a jury might think you didn’t care that the other person was injured, or they may think it confirms that your injury is minor.
Lawyers and insurance companies are very skilled at digging up online evidence. Anything you’ve ever posted online could become damaging to your legal case.
Don’t Share Details About Your Injuries or Recovery
It’s also a bad idea to tell the world about how you were injured in a wreck or how well you’re recovering. Again, the “other side” could pick apart your words and twist your story. Saying you are doing “well” may mean to you that you feel a bit better than before. To an insurance adjuster or defense lawyer, it means they use your own words to argue that you had no real injury.
A hospital selfie showing your injuries may sound like a good idea but the adjuster or defense lawyer could well argue “how could he/she be really hurt, if they are smiling and posting on Facebook?” Why give them that argument?
Even posts that don’t seem directly tied to your accident can be used against you. If you tried to shake off depression and trauma from an accident by going on a healing spa vacation, the other driver’s lawyer could present your photos and say, “She was happy, healthy, and wealthy enough to go on a luxurious vacation.”
As you can see, almost anything can be twisted to work in the other side’s favor. That’s why it’s best not to give them anything to work with.
Consider Deleting Your Profiles or Setting Them to Private
Talk to your auto injury lawyer about how to handle what you share on social media. Deleting your social media profiles temporarily or permanently may be the best solution.
Setting your profiles to private might work, but it’s not 100% guaranteed to be shielded from prying eyes. Even networks and profiles that appear to be private can be a threat to you.
For example, if a friend comments on your private post and their profile is set to public, portions of the conversation may be public. Your friend might even innocently tag your photo or share it with someone else, which ends up spreading it far and wide. It could easily reach people who are scouring the internet for information to use against you.
Lawyers can issue subpoenas for social media information too. Subpoenas are legal orders that force companies like TikTok and Facebook to turn over information. Even if your profile is private or has since been deleted, a subpoena may make the data available to the court.
As you can see, posting about your accident on social media is a very risky move. Talk to McCoy & Sparks about strategies for handling your social media by contacting us for a free case evaluation or calling us at 1-844-4KY-WINS.
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