Founding Attorney
Whether you are on Facebook, Twitter, TikTok, Instagram, or some combination of all, it remains a basic assumption today that you have some sort of social media presence. Not only do most people use social media, but those that do are likely to be consistent and constant in their use. We go on social media to post about our lives, find updates on the lives of others, and seek out a supportive community that can be sometimes difficult to find or access in person. With social media becoming so ingrained in our everyday lives, it can be cause for surprise if not downright incredulity when we caution personal injury claimants against the use of social media after an accident. There is, however, good reason for such a warning. In fact, given the blurry line between what is safe and not safe to post online after an access, it can be best practice to forego all social media use until after a claim with the insurance company is resolved. Here’s why.
The Pitfalls of Social Media Use After an Accident
Some may surprised or, at the very least, disconcerted, by the lengths an insurance company will go to investigate a claim, looking for weaknesses to exploit. Insurance companies have vast resources which they will relentlessly use to combat claimants attempts to recover money from them after an accident. This often includes dispatching investigators to fully look into a claimant and their everyday lives. These investigators go with cameras to try and capture photographic evidence of a claimant acting in a way that could be counterintuitive to their claimed injuries. Pictures of exercising, active excursions, even carrying in the groceries could be used by an insurance company to say “Look! They must not be that injured!” The trouble is that, as ridiculous as it may sound, these tricks can work. People, like juries, can be convinced that a person is not too injured just be such photographic evidence. The image of an injured claimant doing anything physical will be tough to discount.
Investigations, however, do not merely take place in person anymore. Insurance company investigators scour the internet for information about claimants and their everyday lives. They have found a rich resource for this in the way of social media usage. Those active pictures taken by investigators? People post pictures of their everyday happenings and adventures online every day and they can be used against the insurance company to undermine a claim.
Picture evidence is not the only thing that goes on social media that can damage an injury claimant’s case. Text posts can do damage as well. As it has become the habit of many to post about anything that happens in life on their social media, you can imagine that many go online right away after being in an accident. The problem is the likelihood that something damaging be said in this online update. Did you say that you “feel fine?” This could be viewed as though you must not have been injured in the accident. Did you say “the other driver came out of nowhere?” Well, this could be twisted around to be seen as an admission that you were at least partially liable for the accident as you were clearly not paying attention.
Personal Injury Attorney
The tricks of the insurance company may seem extreme, but they can be incredibly effective when not taken seriously. Experienced personal injury attorney Michael LoGiudice knows these tricks and he knows how to render them ineffective. When you want dedicated personal injury legal counsel by your side, reach out to Attorney Michael LoGiudice. Contact us today.