In the past decade alone, social media has changed the way people communicate. Most Americans use social media to stay in touch with family, politics, and the workforce. And it’s not just in big cities, where 64 percent of residents have accounts. According to the Pew Research Center, 50 percent of those in rural areas use social media, too. With sharing, liking, and commenting so common, it’s no surprise that insurance companies now use social media posts as a strategy to discredit car accident injury cases. If you’ve been injured in a car accident, it’s important to know how to use social media and how posting could eventually lower your compensation.
Social Media Posts Hurt Your Legal Claim for Compensation
It’s become a normal practice for people to post any detail of life to social media. After an accident, it might be your first instinct to let those in your network know what happened, but that would be unwise. Increasingly, insurance companies are using social media platforms like Facebook, Twitter, and Instagram as a way to limit payments to injury victims. Often, insurers and insurance agents can use the following to question the legitimacy of your injury:
- Photos. After an accident, the insurance company may look for photos posted on social media that show you engaging in physical activity, out late for dancing or a drink, or even doing housework to cast doubt on your claim.
- Videos. As with photos, insurance companies want to find any reason to say that your injury isn’t as severe as you say. Videos are unique because they show an injury victim in action, and the events can be skewed to support an argument that you can actually walk just fine or that your neck doesn’t appear to be injured.
- Text posts. After an accident, you want people to know you and your passengers survived. However, turning to social media and updating your status is a bad idea. Insurance companies can use a text post such as “Was in a car accident—everyone is OK” to undercut the validity of your injuries.
- Check-ins. Again, insurers look for any evidence that you’re better than you say, so checking in to restaurants, a mini-golf course, a walking trail, or any other location is a bad idea.
- Activity history. Not only do insurance agents look at your activity on social media after the accident, they could also rummage through the past. There, an insurer might find evidence that you drink irresponsibly, use your phone while you drive, or engage in otherwise dangerous behavior.
Don’t Post on Social Media to Protect Your Claim
Although smartphone apps and online connections make social media a large part of everyday life, it’s important to maximize the worth of your claim during the time after an injury and before a payout. To do this:
- Don’t post at all. No photos. Not videos. No check-ins. If you can manage, don’t even log on to scroll through feeds.
- Ask friends and family not to post. Sometimes, friends and family members will tag you in their photos, status updates, or check-ins and hurt your injury claim.
- Change your privacy settings. Change your privacy settings to “private,” so only friends can view your profile and posts. If you get friend requests from the polite insurance adjustor you spoke with on the phone, deny it—and deny any requests you get from people you don’t know.
- Get extreme. The adage “better safe than sorry” applies here: consider deleting all your social media accounts if you can deal with doing so. Facebook, Twitter, and Instagram will always be there when you get back, and you can save important memories and photos to your computer.
If you insist on posting, keep to the facts. Don’t let emotion interfere with your chances for a fair recovery. Don’t go on rants because you’re angry, and don’t mention your physical condition. Finally, if you’ve reached a settlement agreement, remember to keep it confidential.
After a Car Accident Injury, You Need Legal Assistance
Car accident injury claims can be complicated and involve intense negotiation. If you’ve been injured, you need the help of a trusted personal injury attorney. The team at Kearney, Freeman, Fogarty & Joshi can guide you through the process of your accident claim and help you build a strong case.
From our office headquarters in Fairfax, we serve all of Northern Virginia, as well as Washington, D.C. and suburban Maryland. To ask questions or learn more about your case, contact us by starting a live online chat on our website.
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