02/10/2021 5 Things NOT to Post on Social Media After a Car Accident
Car accidents can be traumatic and frustrating experiences, and it’s perfectly natural to want to vent about what happened. But before you post about your accident on social media, take a deep breath and think it through. What you say could impact your ability to be compensated for your injuries or property damage. Below, I’ll explain what you can and can’t say on social media after a car accident and tell you more about how a Passaic County car accident attorney at Bavagnoli & Bavagnoli may be able to help.
How Social Media Can Impact Your Claim
Before we get into what you should and shouldn’t say on social media after a crash, it’s important to understand how anything you say could impact your personal injury claim. First, while many believe social media is private and only their friends can see their posts, this isn’t always true. For example, if a defense attorney for an insurance company requests access to your public accounts for evidence-gathering purposes, they will be able to enter your social media account.
Obviously the last person you want visiting your social media after an accident is an insurance company. Insurance companies will do everything in their power to either deny or reduce your injury claim, and this includes using what you post on social media against you. While we’ll stick to social media in this article, emails and texts can also be subpoenaed, so don’t send these either.
What to Avoid on Social Media
Here are the top five things to avoid posting after an accident.
1. Your feelings or opinions about the accident
While it’s natural to want to vent after an accident, it’s always best not to. A good attorney will know how to use any feelings you expressed in the heat of the moment against you. You’ll also want to avoid defending yourself or telling your side of the story in a post. If you aren’t thinking clearly (or even if you are), you could accidentally reveal something about the accident that calls your responsibility for it into question.
2. Anything that reveals the time when the accident happened
Whether you fired off a quick tweet or posted a photo to Instagram at the time the accident happened (or even a few minutes before) you could easily land yourself in hot water and be blamed for what happened due to distracted driving.
3. Photos of yourself after the accident
It isn’t just text that can be used as evidence against you: photos can, too. For example, say you posted a photo of you playing catch with your son a few days after the accident. The insurance company could argue that your injuries aren’t as severe as you claim.
Make sure you avoid being tagged in others’ photos online as well: insurers WILL look at your friends’ and family accounts to see if there are photos or mention of you there. As your injuries heal, you should also avoid publishing progress photos: these could be used against you as well.
4. Comments that mention the accident
This one relates back to the first item on our list, but if you post anything about your accident, friends and family are likely to chime in to ask if you’re okay or inquire about what happened. If you respond and reveal details you shouldn’t, they could be used against you by the insurance company.
For example, imagine you are trying to ease a worried family member’s mind about your condition and say you're okay. Even if you have severe injuries, simply saying you are fine could be used as evidence against you. Posting on social media opens the floodgates for people to contact you to see how you are. The records of these conversations could be requested by insurers or defense attorneys and used to implicate you.
5. Don’t delete
If you already posted and are worried about something you said, resist the urge to delete the post. This can be seen as destruction of evidence in the eyes of the court or your insurer, or it could simply make you seem like you are trying to hide something.
Rather than wasting time posting on social media after an accident, take care of yourself, get the medical care you need, and if your injuries are severe, get in touch with a Bergen County car accident lawyer.
At Bavagnoli & Bavagnoli, we are committed to getting you the maximum compensation you need to recover from your injuries. We’ll always treat you with the care and respect you deserve, and support you throughout this stressful experience.
Get in touch with us for a free consultation today at (973) 785-9522.
