We post every aspect of our lives on social media. While these platforms can be incredibly beneficial to staying in touch with family and friends or joining like-minded communities, you may find that, in some aspects, social media use can be detrimental. If you are involved in an accident, you will likely be tempted to update your friends, family, and followers about the event. However, it is important that you avoid doing so at all costs. Read on to learn more about the dos and don’ts of posting on social media and the importance of working with Panama City personal injury attorneys to discuss your legal options and advise you during these matters.
Why Social Media Can Hurt Your Claim
When you are involved in an accident, it’s important to understand that carefully navigating the aftermath of this matter is critical when filing a claim. Though you may assume that only evidence like medical records or accident reports can be used against you, this is far from the truth.
In reality, the things you post online can be held against you to reduce your compensation. Florida courts do allow the submission of digital media as evidence during a personal injury claim. Insurance companies will monitor the online accounts of those who have filed a claim as a means of finding inconsistencies that can reduce damages.
What Insurance Companies Look for Online
It’s important to understand that, in many instances, your online activity will be heavily scrutinized by the insurance company of the negligent party. This is because their goal is to reduce how much compensation you are owed. As such, they may use your posts and activity to argue that you should recover less compensation than what your damages are actually worth.
Common Posts Used Against You
- Posts showing you engaged in physical activity
- Check-in data at events
- Comments about your health or the recovery process
- Posts that seem inconsistent with pain claims
- Comments or speculation regarding the accident
Unfortunately, a post as seemingly innocuous as a photo of you smiling with friends can be used by the insurance company to claim that your injuries are not as severe as you claim if you are able to enjoy time with friends.
Deleted Posts Are Recoverable
Unfortunately, many assume that posts that have been deleted are safe from scrutiny. However, you should note that insurance companies can subpoena social media platforms to recover deleted content. Additionally, there are archival tools available that allow insurers to “go back” to before you deleted a post.
Social Media “Do’s” After an Accident
Because insurers will monitor your accounts to try to prove that you are not as injured as you claim, or that you are not injured at all and are instead attempting to commit insurance fraud, navigating social media carefully following an accident is critical to protecting your claim. As such, it’s best practice to:
Do Set Your Accounts To Private
If you have not done so already, you should change the privacy settings on all social media accounts to restrict access to those you can approve.
Do Ask Your Friends And Family Not To Post About You
It’s important to understand that it’s not only your profiles that will be monitored – the accounts of your friends and family may be scrutinized. As such, you should ask your friends and family to refrain from sharing photos of you or posting about you on their profiles, as this can still be used against you.
Do Limit Online Activity
While scrolling may be one of the only activities you can engage in following an accident, limiting how much you use social media can be beneficial. Unfortunately, an insurer may claim that if you were actually in pain, you wouldn’t be online. As such, finding other, non-social outlets can help you preserve your claim.
Do Avoid New Followers or Requests
While a private account allows you to monitor who can see your profile, you should not accept any friend requests that you do not personally know. Unfortunately, insurers will often create profiles to attempt to gain access to private accounts of claimants.
Social Media “Don’ts” After an Accident
While you should take some steps to protect your accounts, there are a considerable number of actions that you should avoid following your accident.
Don’t Post About the Accident
Though you may want to provide updates to friends or family, posting anything about the accident, whether it’s photos and videos or even comments, can negatively impact your case.
Don’t Assume You’re Protected by Privacy Settings
As mentioned, insurers can subpoena social media companies to gain information about your online profiles, even those that are set to private. It’s best practice to assume that anything you post can end up in the hands of the defendant and their insurance.
Don’t Discuss Injuries
Similarly, you should not post anything about your injuries, including your recovery, setbacks, or limitations. Though you may want to vent to your followers, if what you say on social media deviates from your medical records or statements, it can devastate your claim.
Don’t Delete Posts Without Speaking With an Attorney
If you have posted something that you think may be harmful to your case, your first instinct may be to delete it. However, it’s imperative to understand that this can be viewed as an attempt to destroy evidence. As such, you should leave the post up and contact your attorney for further guidance.
Contact Our Experienced Florida Firm
Here at Manuel & Thompson, P.A., we understand the potentially devastating effect that an injury can have on an individual and his or her family, which is why we are dedicated to helping all those who’ve been injured due to no fault of their own. Our firm also proudly handles insurance disputes, hurricane claims, fire loss claims, commercial litigation, and construction law matters. To discuss your case with our experienced Panama City personal injury attorneys, contact Manuel & Thompson, P.A. today for your free consultation.
