Social media has infiltrated every part of daily life for many people. Whether it is posting pictures of family, videos of friends, or even funny memes, Facebook, Instagram, and various other platforms are keeping a record of our lives. While social media provides numerous benefits, it can also have unintended consequences. In fact, social media posts have become a valuable source of evidence in legal matters and could significantly impact the outcome of your car accident claim.

If you or a loved one have been involved in an auto accident caused by the negligence of another driver, our experienced auto accident lawyers can help.

How Social Media is Used as Evidence

When you are involved in a car accident, your insurance company and the other driver’s insurance company will typically investigate the facts of the case to understand damages and liability. Searching both drivers’ social media accounts has become a routine part of these investigations. What seems like a harmless post can be used against you to challenge the validity of your claim.

For example, if you are involved in a car accident and claim that you suffered a severe back injury, resulting in a claim for medical expenses, missed work, and pain and suffering. If an investigation of your social media accounts reveals photos of you playing golf or lifting heavy boxes after your wreck, it provides opposing counsel with the argument that you are not injured or that your injuries are not as severe as you claim in the lawsuit. Additionally, this evidence makes you look untrustworthy to the court.

Before you post anything on social media, you should ask yourself if it is something you would want a judge or jury to see. All posts are discoverable, even if your account is set as private, and they can be used against you.

Social Media Investigations by Insurance Companies

Insurance companies are highly thorough in their searches for evidence on social media. They do not simply search your posts, but they also search comments and posts by your family and friends, especially if you are tagged in their posts. The insurance companies will look for any evidence to undermine your claims and to prove your injuries are exaggerated or non-existent.

Social Media Can Impact Your Credibility

Anytime you appear before the court, it is critical to be viewed as honest and trustworthy. Thus, insurance companies use your social media posts as evidence that your claims about the crash or your injuries are inconsistent. Your posts can be taken out of context and used against you. As a result, the best course of action is to take a break from social media while your car accident lawsuit is pending.

If a total hiatus from social media is not possible, at a minimum, you should not discuss the accident or post photos of it. Avoid posting any photos or videos that could be used as evidence that you are not injured or that your injuries are exaggerated. Remember, even innocent photos of you on vacation or out socially could be used against you, so post wisely. Additionally, adjust your privacy settings to be as strict as possible. While this is not guaranteed protection, it can make it more difficult for the insurance company to locate evidence to use against you. Finally, ask your friends and family to be mindful of what they post. Specifically, you should request that they do not post anything about the crash or your injuries.

Contact an Auto Accident Lawyer

Whether you have questions about how social media impacts your case or need assistance filing a personal injury lawsuit, it is wise to confer with an auto accident attorney.

If you have been involved in an automobile accident that was caused by the negligence of another driver, it is important to have effective attorney representation. At Babbit, Mitchell & Ogle, our auto accident lawyers and personal injury attorneys have been representing injured victims of automobile accidents and insurance disputes for over 60 years. Call Babbit, Mitchell & Ogle in Oklahoma City, Oklahoma, at (405) 692-7676 to schedule a FREE consultation.