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Hurt in a Car Wreck? Stay Off Facebook!

Social media and car wrecks



Insurance Companies Search Social Media


Car wrecks can be extremely traumatic and filled with frustration dealing with the insurance company, particularly, if it is not your own insurance company. The more serious the injury, the more likely it is that the adjuster will be friendly but don’t be fooled because the intention is always to pay as little as possible to settle a claim.


The More Serious Your Injury the More You Need an Attorney

The general rule is the more serious the accident the more likely one is to need representation. Insurance companies have tactics that they use to defend their policies and to pay pennies on the dollar if they are able.


Tactics of Adjusters

One of the tactics includes sending investigators out to videotape the plaintiff after the wreck.

Another tactic is to monitor the social media of the injured person and an attempt to get evidence that may be used to make the injured person look like they were faking, or it wasn’t that bad.


This tactic is especially dangerous because it does not require the insurance company to spend substantial out-of-pocket money upfront as they would with an investigator videotaping. There have also been instances where insurance companies were accused of “fake friending” to obtain information about an injured person.


Defense Lawyers Seek Facebook

It is standard now for defendants in car accident cases to ask for social media profiles and posts in discovery. Recent case law is made clear that requests for social media profiles such as Facebook are subject to the general rules applicable to discovery. That is the request for such information must be reasonable in time and scope and must be relevant to the subject matter of the lawsuit.


Whether or not a defendant can obtain access to Facebook or other social media posts depends upon the specific request and its applicability to the lawsuit in question. If you have been seriously injured in a car accident, there is a very distinct possibility that your Facebook posts after that date could become evidence in a lawsuit once filed.


Innocent Posts Can be Twisted

It is quite easy to see how Facebook posts or other social media postings could be taken out of context. Not many people would be interested in your social media if all you did is whine and cry about your injuries. If you are like most people and try to move forward with your life even though you’re injured your Facebook post may give the wrong impression about your physical or mental condition.


Be Careful What You Post and Change Privacy Settings


Aside from being very careful about what you post on Facebook, consider changing your privacy options to limit those who can see your posting to immediate friends. While this will not stop a defendant from asking for your Facebook information in discovery, it should prevent them from obtaining it without going through the discovery process.


If You Post It -Be Prepared to Be Asked About It


The general rule is if you put it out online you may see it again in court if you’re a personal injury victim seeking compensation for your injuries.

The best approach is to recognize that what you post may well be evidence in a case and be very cautious in your social media postings.


In an accident? Speak with a personal injury lawyer in Houston


Call us for a no-obligation consultation with a personal injury lawyer in Houston about your rights, options, and next steps!  (281) 587-1111

Greg Baumgartner

attorney greg baumgartner

Greg Baumgartner has practiced personal injury law since 1984. He holds not one but two law degrees and is a graduate of Trial Lawyers College. He is licensed in Texas and Colorado. Mr. Baumgartner has earned a reputation for exemplary results for his clients. And has been preeminent rated for decades and recognized by Top 100 Trial Lawyers, Super Lawyers, Expertise, Newsweek, Houstonia magazine, and many others. He has given educational talks to lawyers and many media interviews regarding personal injury cases.