NEW YORK — We’re sure you love sharing your daily adventures with family and friends on Facebook. However, it might be a better idea to avoid sharing on Facebook after an accident. We aren’t just talking about accident-related posts either. Here’s why:
Why You Need To Avoid Social Media After An Injury
When you file a personal injury claim, our New York personal injury lawyers have found that using social media will only hurt your case.
A few years ago, The Guardian reported that insurance companies were getting on social media and using claimants’ posts against them. The number-one goal was to catch insurance fraudsters – people who weren’t really injured but filed injury claims anyhow. The problem is, we all want to show off the best of our lives on social media. We want to share the good times, not the bad.
However, that could be a roadblock when it comes to proving a case. Those posts showing your smiling face could hurt your case, and for many claimants, it has!
If the insurance company finds your social media accounts, they’ll try to use them in the worst possible ways in an attempt to persuade the court that you’re not injured. After all, how could this person be visibly happy if they’ve been hurt in an accident?
…But My Social Media Accounts Are Private!
What right does the insurance company have to be snooping on my Facebook account? That should be illegal!
We hear this a lot, but sadly, it’s not illegal. In fact, the insurance company may have the right to stalk your social media profiles even more than your ex-boyfriend. Even if your profile is private, the insurers have found ways to bypass that level of protection. In some cases, a judge can order you to share any posts that are relevant to your case. Some of these controversial posts could include:
- Pictures or videos of you doing physical activities
- Jokes or comments on insurance, personal injury, or related topics
- Posts that may contradict your statements in court
Even making posts that are unrelated to your accident or overall health can be twisted, and used against you so that the insurance company can save a few bucks. It would be a shame if a laughable Facebook post prevented you from getting the compensation you deserve.
What Can I Do?
Deleting your profile entirely is a drastic measure. Even that could be construed as a suspicious move after an accident, and insurers may try to convince the court that you’re trying to hide something. Beyond that, nothing is ever truly deleted on the internet. So, what can you do?
Just don’t post anything.
Avoiding social media altogether won’t hurt your personal injury case.
However, we understand that it might tough to do in today’s age of 24/7 digital interactions. That’s why we suggest getting in touch with an experienced personal injury lawyer in New York as soon as possible.
When you consult with a personal injury lawyer, it’s their job to protect your rights. That includes helping you decide exactly what posts you can make, and which ones you should probably leave-out after an accident. In addition, they’ll be searching for evidence that will help your case.
While the insurance company is eyeing your social accounts, we’re keeping an eye on those whose negligence caused you harm in the first place. We’ll use any and all of the evidence we can find to make sure you’re getting the best result possible.
If you have any questions, the New York personal injury lawyers at Cellino & Barnes are here to help. Call us for a FREE consultation.
Cellino & Barnes (800) 888-8888