Posting about your personal injury claim, including updates on your recovery or discussion of fault, is a serious red flag that could complicate your claim. This can be tough, given that most Americans spend hours each day surfing and posting online. In fact, Pew Research Center reports that 71% of US adults use Facebook, and half of them visit it or YouTube every day.
But with insurance adjusters aggressively investigating claims and looking to take advantage of any discrepancies they find online, a fun update post could cause your personal injury claim to start to unravel.
Posting About the Accident
Police reports, witness statements, and evidence from the scene are the backbone of any personal injury claim. But if you drop a quick post online to say "I'm fine, just shaken up" after your accident, don't be surprised if that comes back to haunt you if you. What was intended as a reassuring message to your friends and family could be considered an admission that you are not injured later in the process.
Sharing Everyday Photos
If you're one of those people who loves to share pics and videos of your everyday life, be very cautious after an accident. One of the top social media mistakes is showing yourself upright and moving in ordinary scenarios. We're not talking running a marathon here - just walking the dog, attending a wedding, or heading to the grocery store.
This is one of the easiest ways of complicating injury claims by making it seem like your injuries are not as serious as you claim they are.
Deleting Posts
The instinct to cover your tracks can backfire when you're trying to protect a personal injury claim. Under the Federal Rule of Civil Procedure 37(e), if you delete content that should have been preserved, the court can take action. If it determines you were trying to deprive the other side of evidence, it could be assumed it was detrimental to your case, and your case could even be dismissed.
Speak to Phoenix auto collision attorneys before you delete anything so that you don't make a complicated situation worse.
Trusting Your Privacy Settings
Your account may be private, but that does not mean it is protected. During discovery, content on your private social media accounts can still be requested. And remember, it only takes one friend tagging you, resharing, or screenshotting your post to show it to the whole wide world.
Assuming that your posts are truly private risks undermining the legal standing injury victims rely on when they pursue compensation.
Keep Your Claim Off Your Feed
The single most effective way to protect a personal injury claim is to stop posting on social media altogether until your case is settled. Ask friends and family not to tag you and get personal injury advice from a lawyer when in doubt.
If you'd like more guidance like this, explore the rest of our articles for more insights into how to protect your legal rights.
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