Why You Should Avoid Posting on Social Media After an Accident

It’s natural after an accident to want to discuss your injuries with the people you know. You want to keep them informed and let them know how hurt you are. We all talk to family and friends to see if they have had any similar experiences.

Our Pittsburgh personal injury lawyers recommend that you speak with the people who care about you in person. The insurance companies and defense lawyers for those responsible will seek every advantage they can find to deny your claim or limit the amount of your recovery. They will look at your public social media accounts. They will seek to review them through the discovery process.

Reasons why posting on social media can hurt your accident case

First, it’s important to understand what social media is. Generally, social media includes any online forum where you can post text, pictures, and videos that members of the public can access. Common examples include Meta, X, Instagram, Pinterest, YouTube, WhatsApp, TikTok, Snapchat, and LinkedIn.

Any post that you place on your social media account can be used against you. Often, seemingly non-hurtful posts can hurt your case. The defendants, adjusters, and lawyers will use every picture and comment to show that your injuries are not as severe as you claim. They will use your posts to attack your credibility. They will argue that what you say at a deposition or in court does not match what you say online.

Generally, it’s easier just not to use your social media accounts while your claim is pending. If you do post, you should confine your conversations to topics that do not include any aspect of your injuries.

What you should not post on your social media accounts

At Carmody & Ging, Injury & Accident Lawyers, we recommend that you do not post any of the following topics, comments, or images:

• Never admit fault online. Never say that it’s lucky the accident wasn’t more serious because you were partially at fault, were eating when the accident happened, or were doing anything other than being safe. Anything you say that implies even partial fault on your part can reduce the amount of damages that you can receive.
• Any details of your car accident. Do not say that you were in an accident, describe where the accident happened, say who was involved in the accident, or discuss how the accident happened. Do not discuss the damage to your vehicle, where your car is, and how you are getting to and from different places without your car.
• Any aspect of your injuries. Do not say what injuries you have. Do not discuss what doctors and medical care you are receiving. Do not discuss how you’re feeling, what treatments you are receiving, and how the treatments are or are not helping you. You need to leave the discussion of your injuries to your doctors and us.
• Any images or videos. If you post an image of yourself, the insurance companies and defense lawyers will try to show that you don’t look so bad, that you’ve actually healed from your injuries, or that the accident wasn’t that serious.
• Medical information. We will obtain medical reports, tests, and diagnoses from your doctors and therapists. Our car accident lawyers will review what treatments you need, how your injuries are preventing you from working and functioning, what pain you are in, and the cost of your medical care. By posting this information, you may be helping the defense prepare its case before we have the full picture of your medical needs. Your medical condition may improve, but it can worsen due to complications. The defense should have access to only relevant information — and only at the correct time during the claims process.
• Daily activities. Even though your posts don’t directly address your accident, your posts can still hurt your case. For example, just saying that you rode your bike today can hurt your claim if you have a hip or a leg injury. A post showing you enjoying a meal could hurt if you claim you have a back injury or are in constant pain.
• The settlement process. You should never say online how much you are willing to settle for or what things you would like to do if your case does settle or if there is a jury verdict.

Social media advice for your friends about your accident

We also recommend that you inform your family and friends that they should not talk about your accident case either. Friends and family often don’t want to share bad news, so they may say, for example, that there’s no need to worry – you should be fully healed in a few months – when you may need a few years to fully heal or you are living with chronic pain.

Your friend’s circle of friends may be different or larger than your circle, increasing the number of people who may see your post. The insurance company and defense lawyers, even if they cannot see your posts due to privacy protections, may be able to see the posts of your friend’s circle of online friends.

Additional considerations for online activity after an accident

Generally, emails and text messages are more private than social media posts. Even here, though, you should be careful who you send your messages to – and who the recipients might share their information with. It’s safer to call the people who care about you or meet them in person.

Generally, you should not delete your current posts. Defendants may find those deletions suspicious – and they may be able to find those deletions. Deactivating your account may raise questions, too. It’s generally easy just to avoid not using your account and take the following actions:

• Avoid new friend requests or group requests.
• Disable comments on your profile.
• Maximize the security levels of your social media accounts.
• Turn off the ability to “tag” you.

Please contact us if you are not clear about how to communicate online. We can help you decide the best way to communicate with family, friends, and coworkers until there is a resolution of your case. At Carmody & Ging, Injury& Accident Lawyers, we respond to requests for information about you and your claim directly with the insurance companies and defense lawyers. Please call us or submit our contact form to schedule a free consultation.