CAN USING SOCIAL MEDIA AFTER MY ACCIDENT HURT MY CLAIM?
Posted on Friday, August 25th, 2017 at 6:38 am
Depending on what you post, using social media after an accident can impact your ability to recover full compensation for your injuries. Regardless of your privacy settings, the information you post online may be used in a court action. A judge could order you to turn over information related to social media posts if the information is relevant to your claim. Privacy settings are not the same as privilege of information. Therefore, you must be very careful when using social media after an accident. Even a seemingly innocent post could result in a denial of claim or reduction in compensation.
Social Media Posts After an Accident
Most people use social media to keep in touch with friends, family, and co-workers. Therefore, it is natural to post “updates” after you are injured in an accident to let everyone know about your injuries, treatment, and recovery. However, this is the very information an insurance company is searching for to use against you when you file your claim.
If the insurance company cannot obtain a written or recorded statement from you, the next best thing is to find your social media posts. These posts may contain the personal information the company thinks it can use to prove that your injuries are not as severe as you claim.
For example, if you post a picture of your nephew’s birthday party at the pool, the company may claim that you were well enough to attend a pool party and go swimming. You may never have gotten into the pool; however, because you were there, a jury may assume you did, especially if other posts show you attending various functions. The use of social media posts may not seem fair, but it is becoming more common as insurance companies seek ways to minimize their liability for accident claims.
What Should I Do?
If you are injured in an accident, refrain from using social media until you speak with an attorney. Your attorney can advise you further about the risks of using social media and filing injury claims. If you do use social media, do not post information about your accident, injuries, or recovery. Saying you are “okay” or “fine” when people ask you how you are doing could be interpreted as you are not in pain or you are not severely injured.
The things you do immediately after an accident, such as using social media, can have an impact on your ability to recover full compensation for your damages. Our Sacramento accident attorney can advise you on the steps you should take to protect your legal rights. We want to help you receive a fair and just settlement for your injury claim.
Call a Sacramento Injury Attorney for More Information
Call The Tiemann Law Firm at (916) 999-9000 or visit our website to request additional information or to schedule a free consultation with a personal injury attorney. We accept most accident cases on a contingency fee basis. Before you accept a settlement offer from the insurance company, we urge you to take advantage of a free appointment to learn about your rights and options from an experienced lawyer.