It’s a natural instinct—you’ve been involved in a car accident and you want to let the people you care about know what happened and that you’re okay. It can be incredibly tempting to post about the crash on social media, but this is actually a mistake. In fact, posting about your car accident on Facebook, Instagram, Twitter, or any social media platform may come back to haunt you during the claims filing process.
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Your Words (or Posts) Can Be Misconstrued
The main reason you should avoid posting about your car accident on social media is that anything you say about the incident can easily be taken out of context.
When you file your claim, outlining your injury and the resulting damages, the insurance adjuster may point to your initial comment in which you stated you were “okay” as evidence that you weren’t injured. They can then use this to dispute your claim and argue that your injury is not related to the accident.
Even if you believe your social media accounts all have strict privacy settings, this does not mean that insurance adjusters, defense attorneys, and others cannot access them. They may still be able to see things you’ve posted about the accident. While it’s always a good idea to check your security settings, the best thing you can do is simply avoid posting about the crash at all.
All of Your Social Media Posts Can Be Used as Evidence Against You
While it’s never a good idea to post about the accident, we advise our clients to avoid posting on social media as much as possible during the entire claims process.
Insurance companies have even been known to argue that a car accident victim posting “too much” on social media demonstrates that they did not suffer any significant emotional distress. You might innocently comment on friends’ status updates or Instagram pictures with cheerful remarks, but the insurance company might try to use this as evidence that you were not seriously affected by the accident—even if your comments had nothing to do with the crash.
Talking Badly About the Insurance Company Could Be Considered Acting in “Bad Faith”
When you’re engaged in a difficult, lengthy battle with the insurance company, it can be very tempting to share your experience online. However, if you vent your frustrations on social media, thereby putting them in writing, the insurance company might argue that you are acting in bad faith.
Remember, everything you post online has the potential to become public, even when you have your social media accounts set to private. Your best bet? Don’t post!
What to Do Instead
First and foremost, if you are reading this and growing concerned because you have already posted about the accident on social media, do not remove the posts. While posting about the crash is not ideal, removing or deleting posts could be even worse, as it could be construed as destroying evidence (regardless of your intentions). Instead, leave the posts up, but refrain from making any further comments about the accident
Never accept any friend requests or follow requests from people you don’t know, and refrain from posting anything else—status updates, comments, pictures, etc.—about the accident, your injuries, or the claims filing process.
At The Womac Law Firm, our New Orleans car accident lawyers are here to answer your questions and address any concerns you may have. Whether you were just involved in an accident or have been struggling to recover compensation from the insurance company, our team is here to guide you through the process and advocate for your maximum recovery.
We offer free initial consultations, and there are no attorneys’ fees unless we recover compensation on your behalf. Contact us today to learn more!
