Understanding how social media can affect your case is critical to protecting your rights and securing the compensation you deserve.
In today’s digital age, social media plays a significant role in communicating, sharing experiences, and documenting our daily lives. However, your social media activity could have serious consequences if you are involved in a car accident and pursuing a legal claim. Insurance companies and defense attorneys often scour social media for evidence to minimize or deny injury claims.
If you have been injured in a car accident and need guidance on protecting your rights, Schierer & Ritchie, LLC can help. Contact us today for a free consultation to ensure you receive the compensation you deserve.
How Insurance Companies Use Social Media Against You
After filing a car accident claim, insurance adjusters and defense attorneys may investigate your social media profiles to find anything that could be used to undermine your case. Some common tactics include:
- Examining Photos & Videos – Any images showing physical activity could be used to argue that your injuries are not as severe as claimed.
- Reviewing Status Updates & Comments – Statements about the accident, injuries, or ongoing legal case may be taken out of context.
- Monitoring Check-Ins & Location Tags – Insurers may use this to dispute your claims of pain or immobility if you are seen traveling, attending social events, or engaging in physical activities.
- Analyzing Friends’ Posts – Even if your account is private, posts by friends or family that tag or mention you can be accessed and used against you.
Legal Precedents & Admissibility of Social Media Evidence
Social media content is increasingly being used as evidence in personal injury cases. Courts have ruled that publicly available social media posts are not protected by privacy laws, meaning they can be used against you (Illinois Supreme Court Ruling). Even private posts may be subject to discovery if the defense can prove they are relevant to the case.
Illinois law allows social media content discovery if it is deemed relevant and material to the litigation (735 ILCS 5/2-1003). This means that if your posts contradict your claims, they can be used to challenge your credibility.
Common Social Media Mistakes That Could Harm Your Case
Many accident victims unknowingly damage their case by making simple mistakes online. Here are some common pitfalls to avoid:
1. Posting About the Accident
Sharing details about the crash, fault, or injuries could be used against you. Even an innocent comment like “I didn’t see them coming” might be twisted to imply that you were partially at fault.
2. Posting Pictures or Videos
Even if you are genuinely injured, a single photo of you at a social event or engaging in mild activity may be misinterpreted by insurance adjusters.
3. Checking In or Tagging Locations
If you claim to be in pain but check in at a gym, hiking trail, or vacation spot, it may be used to question the severity of your injuries.
4. Accepting New Friend Requests
Insurance companies and defense attorneys sometimes create fake profiles to gain access to your private content.
5. Allowing Friends to Tag You
Even if you do not post anything yourself, being tagged in someone else’s post could expose details that may be used against you.
How to Protect Your Car Accident Case from Social Media Risks
To prevent social media from jeopardizing your injury claim, follow these guidelines:
1. Make Your Profiles Private
Adjust your privacy settings so only trusted friends and family can see your posts. However, remember that even private posts can be subpoenaed in court.
2. Avoid Discussing Your Case Online
Do not share details about your accident, injuries, medical treatment, or settlement discussions on social media.
3. Limit New Friend Requests
Only accept requests from people you know to avoid potential insurance investigators.
4. Ask Friends & Family Not to Tag You
Explain the importance of keeping your legal matters private and ask them to avoid posting about you.
5. Take a Social Media Break
The safest approach is to stop using social media until your case is resolved temporarily.
What If You Already Posted Something Risky?
Do not delete your posts if you realize you have made a social media mistake. Courts may consider deleting evidence as spoliation, which could negatively impact your case (Illinois Rules of Civil Procedure). Instead, consult your attorney about how to handle any existing content.
Contact Schierer & Ritchie, LLC Today
Social media may seem harmless, but it can seriously damage your car accident claim. Insurance companies actively seek ways to minimize payouts; your online activity can provide them with ammunition. To protect your case, be mindful of what you post, adjust your privacy settings, and consider avoiding social media altogether during your legal proceedings.
Need Legal Advice? Contact Schierer & Ritchie, LLC
If you have been injured in a car accident and need guidance on protecting your rights, Schierer & Ritchie, LLC can help. Contact us today for a free consultation to ensure you receive the compensation you deserve.