How Facebook Can Hurt Your Car Accident Case and 5 Ways to Protect Yourself

January 19, 2024 by Greg Baumgartner

 

Capturing an enjoyable moment with a video and posting it to Facebook may seem like a normal and innocent thing to do. But if you have recently been involved in a car or trucking accident, those seemingly harmless posts can harm your accident case. Below is a look at how posting to Facebook, Instagram, and other social media giants impacts personal injury cases and five steps to prevent social media from harming your car accident case.

How can social media activity harm your case?

If you are like many, Facebook has about 3 billion monthly users who spend or browse the platform. If you have used the platform for years, you might wonder why you need to check your activity after an injury.

The answer to this question lies in a growing trend among insurance companies and defense lawyers. In short, investigators check accident claimants’ social media profiles. They look for evidence that can challenge their injury claims.

 

For instance, if a person claims after getting hit by a commercial vehicle, their injuries are so severe that they had to stay in bed, an investigator may actively follow the claimant’s social media posts to look for photos and videos that can represent as showing the claimant is able and physically well. Examples may include the claimant enjoying dinner out on the town or out for a morning stroll.

 

The ultimate goal of this tactic is to avoid paying claims or keep payments as low as possible at all costs. Over the past decade, this practice has become commonplace. A misinterpreted photo or video can stop people with real injuries from getting the money they deserve.

Never underestimate what a skilled defense lawyer can do to suggest your injuries are not as represented.

Is it legal for insurers to review your social media activity?

Yes. Insurance companies are legally permitted to review your social media profile and posts during the claim investigation process. Facebook and most other social media sites address this in their terms and conditions. By agreeing to Facebook’s terms and conditions, you allow them to use any information you post against you in your case.

Are any of these tactics unethical?

Perhaps. This may be considered wrong. If an investigator or claims adjuster sends you a friend request, they might be trying to get your information. Trying to contact you is also prohibited if you are a claimant with legal representation. If you think an insurance company is acting unethically, the best step is to contact your lawyer for help.

How to prevent social media from hurting your injury case?

It should be easy to prevent social media posts from damaging your rear-end car accident case. Here are five easy steps to make sure your social media use does not stop you from getting the compensation you deserve.

1) Avoid posting content to Facebook and other social media sites until your case is resolved

Taking a break from social media is a good idea. It can help prevent insurance companies from using your posts against you. Wait until your case is resolved before returning to social media. You should never discuss your accident on social media, as your words could be used against you. It is best to assume that anything you post on social media could be used against you in your case.

2) Adjust your social media privacy settings

As a Facebook user, you should check your privacy settings regularly. This helps you control who can see your profile and activity. This simple step is critical after a car accident, as you can help prevent investigators from knowing your location and seeing your activity. You can also lock your timeline to prevent specific groups of people from seeing your posts.

3) Don’t be in other people’s photos or videos until your case is behind you

Photos and videos posted shortly after your accident can especially damage your lawsuit. You can picture what it would be like to relax at your beach house. Imagine a video of you lounging by the ocean. Even if you didn’t post the content to your profile, it could appear on your feed if one of your contacts decides to post it. Opposing investigators might use the video or images against you. They could argue that you are pretending to be injured to get money.

The risk here is that a post would be taken out of context to attack you. For example, you hurt your back and are getting physical therapy. Yet you are seen in a post at a restaurant smiling. Even though your back still hurt, the skilled defense attorney might say your back injury was fake or at least exaggerated.

4) If you are featured in the content on social media without your permission, call your attorney

While this type of situation is rare, there are times when people are filmed or quoted on social media without their consent. If this happens, ask that the post be removed and contact a lawyer immediately.

5) Always follow the guidance of your doctor 

When you get medical care for injuries from a car accident, your doctor will give you a treatment plan. They will also offer advice to help you recover. If your doctor tells you to stay in bed, do not try to go to work, exercise, or walk. This is true even if you start to feel better. A social media post about your activity could affect how much you get paid for your injuries.

What is the key to a favorable outcome in your injury case?

An experienced personal injury lawyer is the key to a favorable outcome with your case. An attorney will help you fight for your rights. They will also guide you through the claim filing process. They can help you organize important documents for your case.  If you must sue the other driver for fair compensation, the process is tough without an experienced attorney.

With over 95,000 lawyers in Texas, you may wonder who you should choose to handle your case. The Baumgartner Law Firm, with over 35 years of experience handling personal injury cases, is a clear choice. Our award-winning injury law firm is dedicated to fighting for your rights and securing the compensation you deserve for your injuries. We invite you to contact us for a free injury case consultation.

 

Baumgartner Law Firm

6711 Cypress Creek Pkwy, Houston, TX, 77069

(281) 587-1111

 

 

Read More:

Common Mistakes to Avoid When Filing a Personal Injury Claim

Essential Steps to Take After a Car Accident in Houston