The internet, Facebook, Instagram, Twitter and Snapchat have become crucial components in our lives. We often check these media sharing applications more than even our text messages or emails. Social media can be an excellent tool to keep in touch with friends and keep up with the latest trends, but it can also compromise your case if you are not careful. Social media becomes a liability against you after you have been involved in a car accident.
Insurance companies may use any information they discover on your accounts to hurt your claim. Defense attorneys that work for insurance companies will often perform extensive background searches on the internet on people with claims. In some instances, your internet search history could even be searched for evidence. Insurance companies are looking for evidence that an injured person is doing things that they are claiming they cannot do. For example, we recently had a case where a client had back injuries, including surgery, and was tagged by a friend in a video playing basketball. This video was then used by the defense attorney to show that our client’s injuries were not as serious as he claimed
You may want to think twice, even if you are posting a #tbt (Throwback Thursday) as it can become difficult to verify the actual date that a picture was taken. Why take the risk?
- Limiting your social media usage during the duration of the case, and if possible, even suspending it.
- Changing your privacy settings to the highest level so that the public cannot see your post.
- Do not accept friend requests or follower requests from people you do not know.
- Only speak with your attorney about your case.
- Do not post any statements at all about how the accident occurred or your injuries or treatment. Such statements can be admissible against you in Court.
The laws regarding the admissibility of social media content in a Court are very complicated. This is another reason why you need an experienced personal injury lawyer to handle your claim. At Druckman & Hernandez, we have concentrated our practice on injury cases for the past 20 years. If you have any questions about an injury claim, please call us for a FREE consultation at 908-353-5850.