Social media is engrained into our daily lives, now more than ever before. In the United States 72% or 246 million people use social media, according to a study done by Sprinklr. Social media gives us a platform to express ourselves, share experiences, and stay connected with friends and loved ones from the comfort of your phone or computer.
Since social media has become so integrated into our daily lives, most people don’t even question posting on social media. If you have been involved in a car accident and are pursuing an insurance claim for your injuries, posting on social media can be a legal minefield. In this article our Utah personal injury lawyers will be diving into the risks and benefits that arise when sharing a post on social media after you have been in a car accident, as well as what exactly you should avoid posting during your injury claim.
The Risks and Benefits of Social Media Posts After an Accident
Getting into a car accident is an inherently traumatic experience, and after a traumatic experience you may feel a desire to share your experience with those you are close to. However, if you are pursuing a personal injury claim for the injuries you have suffered from after a car accident, there are certain pros and cons that can come with sharing your story.
Pros:
Emotional Support:
After you have shared a post or a video detailing your experiences after a car accident you may receive kind messages of love and support from your family and friends. Throughout a personal injury case it can be difficult to manage your pain and continue treatment, and the support that you receive from the people you care about can be crucial in your recovery and can often help you feel a sense of love through a very stressful period of time.
Awareness:
Sharing that you have been in a car accident can bring awareness to road safety and the consequences of negligent driving. Sharing information about how your accident can occur can potentially help to encourage the people in your life to be more cautious and careful while they drive, which can potentially promote better and safer driving on our roads.
Cons:
Legal Implications:
When pursuing a personal injury claim an insurance company will look through every aspect of your case to try and minimize your claim as much as possible, and your social media pages can be a potential liability. An insurance company may misconstrue your posts and potentially even use them against you in your case. For example, a post you have shared of you on a hike, or working out after your accident may suggest that you are less injured than you claim.
Insurance companies make their profits by investing the premiums that they collect from their customers, and paying out as little as possible to an injured party. An insurance company will search for any possible reason to pay as little as possible for your claim, and if they can find a post on social media that can help minimize your claim they will use it.
Privacy Invasion:
If your case looks like it may be headed to the courtroom, then insurance companies and their legal counsel may scrutinize your social media pages for any evidence that can potentially dispute your claim. If your case is headed towards litigation the opposing council may feel the need to investigate your case further and one way they can achieve this is to scrutinize your social media pages for any proof that you may be less injured than you claim.
What Should I Avoid Posting After an Accident?
Just because you are involved in a personal injury claim, you should not have to stop using social media. However, you should consider what you post more carefully. As your Utah personal injury lawyers we would recommend that you stay away from posting the following while your claim is active:
Details About the Accident:
While your case is active, try your best to avoid sharing any specific information about your case. Do not dive into details about how the accident occurred, who you believe to be at fault, or any details about your injuries. Sharing these specific details about your case can be very detrimental to your claim as they can be taken out of context and used against you.
For example, you may share a post after the accident with a caption saying “luckily no one was hurt” when in reality you may take a few days to start actually feeling the pain from injuries after an accident. An insurance company can use this statement to claim that you were never truly hurt and claim that your injuries are illegitimate.
Photos or Videos of the Accident:
Sharing images and videos of your accident should also be a huge no. Sharing these images willingly online can lead to heavy scrutiny from insurers. They will put these images under a microscope in hopes of finding any way to decrease liability in an accident, or the validity of your injuries.
Physical Activity and Recovery:
As a rule of thumb try your best to not share any posts of you partaking in any particularly physical activities, such as working out, playing sports, or going on hikes. These posts may illustrate to an insurer that your injuries were not as severe as you have claimed, even if they are severe. When you are posting during your injury claim try your best to avoid sharing a post that may show that you are not as injured as you claim to be.
Getting into a car accident is traumatic and can be difficult to handle on your own, but it is crucial that you are careful with what you post on social media in the aftermath. Remember an insurance company will look for any opportunity to minimize your injuries, and pay as little as possible. Contacting a skilled Utah personal injury lawyer can help you with your personal injury claim.
LifeLaw Personal Injury’s team of the best personal injury lawyers in Salt Lake City will fight for your best interests, and make sure that you get the compensation you deserve for your injuries. We at LifeLaw pride ourselves with best in class client communication, making sure that you feel heard and understood through every step of the legal process. If you were injured and it was not your fault, contact LifeLaw Personal Injury today for a free consultation and to discuss your options.