How Your Social Media Posts Could Hurt Your Injury Claim In California

In this article, you can discover…

• How insurance companies investigate social media during an injury claim.
• The types of social media posts that can hurt your claim.
• How to manage your social media activity if you have a claim pending.

How Do Insurance Companies Investigate Social Media During Personal Injury Claims?

Insurance companies have a lot of resources at their disposal, including social media canvassing. If you’re involved in an incident and are presenting a claim against an insurance company, you should assume that they will locate and review every social media presence that you have. Assume that they are actively monitoring your accounts as your case moves forward, as well.

What Types Of Social Media Posts Can Hurt A Personal Injury Case?

If you have a personal injury case pending, you don’t want to post anything on social media that you would not want an insurance adjuster or a jury to see. You should also listen to your doctor’s order and abstain from any overt physical activity that could further injure you.

Even if you do push yourself and try to be active as you take charge of your recovery, be very cautious with what you post online. If you are supposed to be injured and recuperating, it can be quite damaging to post photos of you mountain biking, for example.

Can Deleted Or Private Social Media Posts Be Used Against Me In An Injury Claim?

Absolutely. Just because your account is set to private or you deleted a post doesn’t mean you’ve erased all traces of it for all time. While it’s a good idea to keep your social media accounts private, you still should not be posting anything you would not want an insurance adjuster or a jury to see. Assume that anything you post can potentially be accessed and viewed, regardless of your privacy settings.

How Should I Manage My Social Media Accounts During A Personal Injury Case?

Set your accounts to private and be careful to make sure all of your posts are benign and don’t show you being active or doing anything that might contradict your claim.

What Real-World Examples Show How Social Media Has Damaged Injury Claims?

A friend of mine, an attorney, had a client who had filed a personal injury claim, was in active litigation, and had taken photos of himself skydiving. Now, there are certain rules with regard to deadlines that the other side is held to when securing evidence for trial, but other types of evidence can still be submitted during trial, and the insurance company can surprise you with it.

During the trial, social media pictures surfaced of the client skydiving and rock climbing when they were supposed to be recovering from their injuries. Needless to say, this did not look good in front of the jury, and these social media photos really hamstrung the client’s case.

Never post photos or videos online that could damage your claim or make it seem as though you are not truly injured. Before you post or upload anything, be very, very cognizant of how it may look to a jury.

Still Have Questions? Ready To Get Started?

For more information on social media and injury claims in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (818) 337-5214 today.