In this article, you will learn…
- How your social media posts could impact a car accident claim.
- What to do if you’ve already posted about your car accident.
- Whether “private” social media accounts are exempt as evidence.
Can Insurance Companies Use My Social Media Posts To Deny My Car Accident Claim?
Yes. If you post something on social media that could affect liability in your case, or you post something that seems to diminish the severity of your injuries, an insurance company can take note of this and minimize or even deny your claim.
For example, if you allege you were severely injured in a car accident but post on Facebook that you weren’t really hurt that badly, this could harm your case if you later file a claim or lawsuit. Any posts that you make on any type of social media, whether that be Facebook, Twitter / X, Instagram, or any other platform that undermines your claim, can harm your ability to seek compensation.
Can Social Media Accounts Set To “Private” Still Be Accessed In A Louisiana Personal Injury Lawsuit?
Yes, under Louisiana law, a defendant in a lawsuit can ask for information from social media accounts that have been set to “private”. If your private social media account contains information relevant to your accident or injuries, it can still be sought and legally used as evidence against you.
What Should I Do If I’ve Already Posted About My Accident?
If you have already posted about your accident, as a minimal precautionary measure, remove those posts from your social media page. Make sure that you post nothing further about your accident and that you don’t post any photos or videos of yourself that would seem to contradict or undermine your claim.
You should also ask friends and family to refrain from posting about your accident. The less information posted publicly about your accident, the better in terms of litigating your case.
The Damage Social Media Posts Can Cause
I handled a slip and fall accident case years ago where my client posted something that she thought was innocent on her Facebook page but which, on closer inspection, actually hurt our liability claim. I mitigated this issue by preparing my client to explain her post carefully at her deposition so that the defendants couldn’t twist it to challenge her lawsuit.
If you have a personal injury case pending, be extremely careful what you post online. Avoid posting about the accident and your injuries, and be sure to avoid any photos or videos of you that could seem to contradict your injury claim.
Still Have Questions? Ready To Get Started?
For more information on protecting your car accident claim in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 527-8767 today.
