A recent article published by JD Supra outlines how a claimant’s social media posts could negatively impact car crash settlements. 

“Over the years, social media has developed and contributed a significant role in both the settlement and trial of personal injury cases,” the article says. 

It says claimants could feel compelled to share facts and circumstances about their accidents and injuries online. 

“That’s perfectly natural but be advised that the sharing of any information regarding the ordeal that you’re currently enduring can be of pivotal importance to the defense and be misconstrued or misinterpreted,” the article says. “An otherwise perfectly viable personal injury case can be turned sideways, and your own words or evidence can be used against you.”

The article advises that those involved in the crash not publish anything online about their accident or injuries until after a claim or lawsuit is resolved. 

Both insurance company adjusters and defense attorneys will seek out social media of claimants after a crash, the article says. 

“Contradictory or prior inconsistent statements might be used against you as exceptions to the hearsay evidence rule,” according to the article. “A good insurance defense attorney is going to call your credibility into question. Even your location and disabilities might come to issue with photographic evidence that you provide against yourself when you’re legitimately recovering from your injuries, all in an attempt to show that you really weren’t injured to the extent that you claim.”

Attorneys who plan to bring evidence into court must first authenticate it, the article says. This includes proving the origin, time, who posted it and the chain of custody of the post or photo.

This is completed by: 

• • Monitoring the activity of the individual making the personal injury claim or witnesses in support of the driver who was at fault. 
  • Obtaining conflicting evidence such as the claimant engaging in strenuous physical activities shortly after his or her accident when he or she was under doctor’s orders to refrain from such activities. 
  • Analysis of the content such as a post about a weekend at a friend’s cabin on the lake while purportedly recovering from injuries. 
  • Metadata that shows a timestamp could be used to confirm or deny statements of a claimant or witness. 

There could be positive impacts from social media evidence, the article says. However, it notes it should be carefully weighed. 

Positive impacts could include documenting injuries such as surgical stables and scars. It also says photos of a mangled car reduced to scrap could give a perspective not ordinarily seen in car accident cases. Yet, a photo depicting a light impact with little property damage might detract from the claimant’s credibility. 

Claimants’ first step should be to review their privacy settings, it says. Settings should limit who can see posts and personal information. However, claimants should also know that even if settings are private, an attorney could bring a motion before a president judge to gain access to the claimant’s account. 

“That judge will likely allow them access, and you’ll likewise be ordered to comply with the court’s order,” the article says. “If you don’t, that insurance company probably has somebody else in mind who can access the information sought with costs and expenses to you for your failure to comply with the prior order. Such sanctions won’t be inexpensive either, and you’ll probably be responsible for the costs too.”

The article lists a few don’ts for those after a vehicle crash: 

• • Never publish photos of yourself or you’re your activity or inactivity. 
  • Don’t discuss your accident or injuries with anybody, including responses to remarks.
  • Never respond to remarks made by people who you don’t know.
  • Don’t respond to friend requests from people you don’t know.
  • Don’t delete your posts. They might be recoverable anyway.
  • Never remark out of anger or spite to get back at somebody.

“Don’t let social media posts ruin your opportunity for compensation for your injuries and damages,” the article says. “Remember that a week or maybe two might go by, and you’ve already forgotten about what you posted, but the internet just never forgets even the most innocuous detail.” 

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