Few people don't use one or the other social media sites daily. It's almost become second nature to see what's new on Facebook (Meta), Twitter, Instagram, and more. With the numerous opportunities offered for people to post, comment, and blog about their lives on millions of websites, social media is inescapable. However, there are times when using social media can cause more harm than good, and an auto accident is one of those. Read on to learn why using social media after an accident can create problems with your accident claim.
Are Your Posts Private?
It's always a good idea to review your social media privacy settings to ensure that your personal information is safe. However, those privacy settings have limited protections when it comes to legal matters. If an opposing party asks a judge for permission to view your private social media posts, the judge could agree, and a subpoena could be issued in the case.
Mitigation of Damages
You might be wondering how what you say on social media could possibly affect a personal injury case. If you have been hit by a careless driver, being paid what you deserve is very important. However, the other driver's insurer has the opposite viewpoint — they want to prevent you from being paid. To accomplish this task, the other side employs various techniques (defensive maneuvers) to decrease your compensation. Some things the other insurance company might try include:
- Offering you an inadequate settlement in the hopes you won't realize that it's not enough.
- Recording a call with you where they try to get you to say things that could damage your case. For instance, they might ask leading questions that make it appear that you were at fault.
- Trying to make it appear that your injuries were caused by a previous accident or condition.
Social Media and Mitigation
With the above actions in mind, you can also expect the other insurer to look at your social media posts for these things:
- You minimize your physical injuries to spare your friends from the severity of them.
- You declare that you are feeling fine even though you are anxious, depressed, and traumatized by the accident.
- You are allegedly badly injured, but you post photos of yourself at the beach or park enjoying your day.
- You brag about how much you are going to be paid once you win your accident case. You might even post about what you will do with the money.
Speak to a personal injury lawyer to protect your rights to be paid what you deserve.