You might be tempted to post the details of a car accident that you were involved in on social media. Maybe you just want to inform friends and family how you are faring or for some other reason. But did you know that social media can negatively impact your car accident claim?
You should consult car accident lawyers in Bakersfield Ca before posting the details of your car accident on social media accounts to learn how social media hurts personal injury lawsuits. The lawyers will evaluate your case and offer legal counsel that can help in your financial recovery. But how can social media affect your car accident claim?
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How Social Media Posts Impact Personal Injury Lawsuits
Insurance companies or defense attorneys will sometimes monitor your social media activities to find something that can be used to minimize your car accident claim. Monitoring can extend to family members, friends, or anyone close to the plaintiff–they could even create fake social media accounts and send you friend requests, aiming to monitor your activities. Social media postings can be admissible evidence in a court trial.
What Type of Social Media Posts Can Hurt an Injury Claim?
The defense can twist your social media posts and even take them out of context then use them against you. For instance, a Facebook picture of you taking a walk can be used in court to suggest that you’re healthier than you claim but the social media posts that could potentially impact your case negatively include:
1. Social Media Posts Suggesting Responsibility
You can innocently make a social media post suggesting that you were partially or entirely responsible for the accident and it comes back to haunt you. Statements like “I was injured after missing a step on the stairs,” can imply you were not attentive.
2. Apology Posts
It’s human to be sympathetic to everyone involved or injured in the crash. Unfortunately, insurance companies can interpret your apology as admitting responsibility for the accident.
3. Downplaying Injuries
You may be tempted to downplay the severity of your injuries online to avoid worrying family members and friends but insurance companies can use that to claim you’re not as hurt as you claim to be.
4. Venting Online
Venting your anger toward the defendant for your loss will undoubtedly help you let off steam temporarily, but it can hurt your case because the defense or an insurance company can claim that your pursuit of justice is influenced by anger and the need to revenge.
How Risky Is Posting to Social Media After a Car Accident?
You may be thinking that whatever you’re posting on social media will not hurt your car accident claim but insurance companies or defense lawyer can use your innocent posts against you and to their advantage. For example, posting that “the other car appeared from the blues,” can suggest that you were not alert–meaning you are also to blame for the accident.
Social media posts that contradict the statements you gave can also be detrimental. For instance, posting that you ran a green light but omitted the same in your statement will undoubtedly greatly undermine your credibility.
Photos or videos suggesting an active lifestyle when you’re supposed to be recuperating may be used by the defense or the insurance company to claim that your injuries are exaggerated.
Best Practices for Social Media Activities after a Car Accident
The best practices for social media after a car accident include:
- Avoid Oversharing: Must you share everything on social media? Of course not, so don’t. Set your privacy settings in such a way that you’ll only share with close acquaintances and family members.
- Ignore friend requests and connection requests from strangers.
- Avoid social media until your case concludes. Alternatively, avoid mentioning anything related to your case and also requires your social media friend to avoid mentioning the accident or anything related to your lawsuit.
- Don’t post anything suggesting that you’re active, such as hiking photos, if you had stated that the accident injuries prevented you from working. The best thing to do would be to disable the geotagging features that can reveal all your activities.
- Avoid making negative comments about the defendant or any party to your car accident case. Never mention the insurance company, the defense, or the jury. Negative comments suggest malicious ill will and the desire to cause harm.
- Engaging in social media reveals your location. The defense can know where you went after the accident; did you seek treatment immediately after the accident? If you didn’t seek immediate medical attention, you can lose the claim.
If you still have questions on how social media can mess up your car accident claim, contact a car accident lawyer near you for clarity.