How Social Media Can Hurt Your Car Accident Claim
Car Accident Lawyer
Social media has become a fundamental part of life for most Americans of all ages. Facebook alone has over one billion users around the world and every day a new social media platform is being created and popularized. Instagram, Snap Chat, Twitter and many more are popular social media apps that people can use to share every aspect of their lives with the world.
In today’s culture of oversharing, it is becoming more and more popular to publicize and reach out to others after an accident has occurred. What many people don’t understand however, is that insurance companies and opposing party’s attorneys will look at social media for evidence to refute the claim. Oversharing on social media can not only damage your claim but result in a flat-out denial of your claim if an insurance company or attorney finds enough evidence through social media posts.
When you hire an attorney to help guide you through a car accident lawsuit you have confidentiality with your attorney regarding the accident. This includes the circumstances of the crash, your physical health, your medical conditions, your mental health, and your emotional state. If you overshare details about your case on social media, you are making these details public and inadvertently destroying your confidentiality with your attorney.
Many people want to post pictures following an accident. Photos of injuries or a damaged vehicle may contradict facts in a police report or a medical report, especially if location tracking is enabled. An apology on social media or an admission of fault can be used in a case to deny a claim or prove that the injury was not as severe as previously described. Some people may want to joke or make light of an accident but any comments, good or bad, relating to your accident can end up being incriminating.
If part of your insurance claim is for medical bills due to an injury, certain photos and posts could be detrimental to recovering those damages. If you post pictures engaging in physical activity, going out with friends, or going to the gym, an insurance company or opposing party could easily prove that you do not deserve the damages you are seeking. Social media posts can also say a lot about a person’s emotional state. Cheery posts and being too active could prove that you are not actually suffering as a result of the accident.
Many people believe that their privacy settings or private messages will protect them. Insurance companies have ways around privacy settings and even private messages can be used as evidence. Once something is posted, it is important to leave it and not delete the post. Deleting a post about the accident could be seen as tampering with evidence. The best course of action following an accident is to stay away from social media and consult a car accident lawyer West Palm Beach, FL trusts. A lawyer will be able provide invaluable guidance on how to best pursue and protect your potential claim.
Thank you to our friends and contributors at The Law Office of Eric H. Luckman, P.A. for their insight into car accident claims and social media.