If you’ve been injured in an accident, staying off social media is one of the most important steps you can take to protect your ability to pursue – and maximize – compensation from those at fault for your harm. Posting on platforms like Facebook, Instagram or X can unintentionally harm your case, as insurance companies and defense attorneys often monitor claimants’ online activities to find evidence that could undermine their injury claims.
Just as criminal prosecutors do when building a case against those accused of wrongdoing, insurance adjusters and defense attorneys may search an accident victim’s social media profiles for posts, photos and comments to use as evidence against their claims. And they do not always use what they find in good faith. If they can spin what you’ve posted about your circumstances, they likely will.
For example, if you’re recovering from a back injury but post a photo of yourself attending a family gathering, the defense or an insurance company may argue that your injury isn’t serious or that you’re exaggerating your pain. This can damage your credibility and, ultimately, the strength of your case.
Don’t lean on your privacy settings
Some people assume that adjusting their privacy settings will prevent others from seeing their social media activity. However, this is not a foolproof solution. In some cases, legal teams and insurance companies may access private posts by using certain workarounds. Judges may even grant otherwise denied access in the event that social media activity is allegedly of particular relevance to your case. Additionally, friends or connections can inadvertently share your posts or photos, making them visible to a broader audience, including those involved in your personal injury situation.
As a result, the safest approach is to avoid posting on social media entirely until your case is fully resolved. If you must use social media, avoid discussing the accident, your injuries, your recovery progress and any legal matters. Additionally, refrain from posting photos, checking in at locations, or commenting on your activities. It’s best to stay as low-profile as possible until your case is over.