Why Posting on Social Media After an Accident Can Hurt Your Case

When you’ve been seriously injured in an accident caused by someone else, the only thing you’re worried about is dealing with the pain from your injuries and healing. On top of your physical injuries, you’re facing the emotional trauma of what you experienced. So, it’s understandable that being cautious about what you’re posting on your social media accounts is the last of your concerns right now.

Your social media posts are something you have to consider, however, if you hope to obtain the compensation that you deserve for your injuries, your financial losses, and your suffering. Posting details about your injuries and the accident can impact your ability to get the maximum compensation you may be owed.

Obtaining Compensation for Your Injuries

To understand how your social media posts can impact your claim or case, you need to know a bit about the process for obtaining compensation.

When you pursue compensation for injuries you got in an accident, you file a claim with the insurance company of the person who caused the accident. (In some cases, like when the person who injured you is uninsured, you may have to start by filing a lawsuit to seek compensation for your injuries.) After filing your claim, the insurance company will conduct an investigation into the accident.

The goal of the insurance company’s investigation will be to find evidence that could reduce their policyholder’s (the person who injured you) liability, and thus, reduce the amount of compensation they may have to pay you. They may look for evidence that you contributed to the accident. Any contribution that you made in causing the accident can save the insurance company money. This is because, according to South Carolina’s comparative negligence law, your compensation will be reduced by the same percentage as your fault for the accident.

Along with investigating the accident to determine whether you might share some responsibility for it, the insurance company will review your medical records and other evidence to try to reduce your compensation. Other such evidence that they may look for might actually be on your social media accounts.

If you have to file a lawsuit to pursue compensation, all the above applies. The at-fault party will investigate the accident to try to find evidence that can reduce the compensation that they may be liable to pay.

How Your Social Media Posts Can Impact Your Compensation

Millions of people post their thoughts or pictures of moments in their lives every day. It’s common for people to post about milestones and major events in their lives, both good and bad. And just like the millions of others, you’ve probably become accustomed to posting about what’s on your mind and what’s going on in your life on your social media accounts.

After going through such a traumatic event, like an accident in which you’ve suffered serious injuries, you might feel compelled to post about the accident, your experience, and your injuries on social media. But doing so could hurt your case. Insurance companies and their defense attorneys may review your social media accounts. If they find posts that you’ve made that contradict any statements you’ve made to the insurance company or that show your claim could be exaggerated, they may use that evidence to reduce your compensation or deny your claim outright.

For example, suppose you file a claim for compensation for severe spinal injuries that you sustained in an accident. A few weeks after the accident, you post a video on social media rock climbing at an indoor fitness facility. If an insurance company discovers that post, they will use that video to claim that your spinal injuries weren’t severe at all; otherwise, how would you be able to rock climb? The insurance company might also question the veracity of your claim. In the case of a lawsuit, the at-fault party could also question whether your lawsuit is valid.

Or, suppose that you post on social media right after the accident occurs. You’re in shock from the accident and the pain from your injuries, and you post that you’re sorry about the accident. This can be a big red flag for the insurance company. They’ll use this post to show that your being sorry for the accident means you’re accepting fault for the accident. This post could allow them to reduce your compensation. Depending on the amount of fault that you’re determined to have for the accident, or that the insurance company can claim you have, you can end up getting much less compensation than you deserve.

To avoid damaging your ability to get fair compensation for your injuries, it’s best to refrain from posting on your social media accounts at all after being in an accident.

Call the Law Office of William J. Luse, Inc. Accident & Injury Lawyers Today

If you’ve been seriously injured in an accident due to someone else’s actions, you may be entitled to compensation.

The Myrtle Beach personal injury attorneys of the Law Office of William J. Luse, Inc. Accident & Injury Lawyers have over a decade of experience representing clients who have been injured in accidents. We’ll fight for you to get the compensation you’re owed. Call us today at (843) 839-4795 for a consultation.