Social media has become a place where people like to share important moments in their lives. However, you should think twice before posting about your car accident on any of your social media platforms.
Insurance companies and defense attorneys have become very good at researching plaintiffs’ social media for evidence they can use against them. For this reason, you should refrain from making any posts following a car accident. Our lawyers always fight for the maximum compensation possible for our clients, but that becomes difficult when the opposing side presents pictures or videos that contradict your claims. If you are claiming serious injuries or emotional harm, pictures of you having fun at Lake Michigan can be used to reduce or deny your compensation.
For a free case assessment with our Illinois personal injury attorneys, call Rhatigan Law Offices at (312) 578-8502.
How Social Media Might Be Used in Your Illinois Car Accident Lawsuit Against You
Posting on your social media following a car accident in Illinois is dangerous for your claim. Our Joliet, IL car accident attorneys know how impactful social media has become for accident victims and can help so that it is not used against you. If your social media posts can be used as evidence in your case, it can undermine your story and prevent you from recovering compensation. The following are the main ways social media can be used against you in a lawsuit:
Exploiting Inconsistencies Between Your Claims and Your Social Media Posts to Damage Your Credibility
Insurance companies and defense attorneys’ main goal in an accident claim is to find inconsistencies in your claims and exploit them. Mentioning the accident in any way on your social media can be used by the defense to undermine claims you make later in the case. Thus, our lawyers always recommend you not talk at all about your case, no matter how factual you might be.
Your credibility is critical to the success of your case. If the court has reason to believe you either do not remember correctly or, worse, that you are lying, it might not consider other claims you make. For example, say your accident happened on the 12th, and you were at a concert later the same day, but you suddenly had a neck brace on the 13th. If the defense presents social media posts of you at the concert, it will seriously undermine your claim.
The defense will also be looking out for posts admitting any kind of fault. Suppose you told the police you had a green light and, believing you, recorded that fact in the crash report. But if the defendant shows posts of you saying you actually ran a red light, it can be used as evidence against you. If the evidence is admitted, the court would have little reason to trust any other statements from the plaintiff.
Fight Your Claims of Being Injured
Because car accident claims cover compensation for your injuries, insurance companies and defense attorneys have found ways of using your social media to fight your claims of injury. That is why our lawyers recommend not sharing pictures or videos online that depict physical activity.
In most cases, the defense will attempt to enter these posts into the case to undermine the claim that you were injured as badly as you say. This could result in a much lower settlement amount or be used to deny your claim altogether. That is why our team stresses to car accident victims in Illinois not to post any photos or videos of their activities on any of the social media platforms they use.
This will also harm your claim if you are seeking lost income because your injuries have kept you from working. For instance, if you work a “desk job,” posts of you engaging in physical activity could easily be used to lower your compensation. You might also lose out on “pain and suffering” damages if you claim your quality of life has been negatively affected but your social media contradicts this. It is easy for the defense to take your posts and twist them out of context.
For example, if you suffered a back injury in an accident and claim you are unable to return to work, but the insurance company discovered posts on your social media playing basketball, it can be used to argue you are not injured at all. With money on the line, the other side will be sure to ask how you are able to perform on the court while injured by cannot return to work.
This includes not posting pictures after your injuries have healed. In fact, photos or videos of you before the accident should also be taken down if possible. While it might seem extreme, it is the best way to prevent the defense from confusing the situation in your case. Otherwise, they might use older posts to contradict any claims of long-term harm being done.
What Should I Avoid Posting on Social Media So it is Not Used Against Me in an Illinois Car Accident Claim?
While you should avoid making any posts at all about your accident after getting injured, the following types of posts should never include information about your accident or injuries:
Written Posts
When writing posts on sites like Twitter or a blog, exercise caution with what you post. Never provide an elaborate description of the accident. In fact, do not discuss any details about the challenges the accident has caused you, such as talking about property damage to your car or the injuries you suffered. Even being as factual as possible will not help if the defense knows how to take your words out of context.
Photos
We also warn car accident victims not to share any pictures related to the incident on social media. Posting photos of the accident itself will not only expose your case to anyone who cares, it can be used to undermine statements made in your claim later.
For instance, if you said it was a sunny day in your lawsuit, but photos from your social media clearly show it raining, the discrepancy will be used against you. Even if you honestly misremembered, it will be used to argue that you are either lying or your memory of the incident cannot be trusted.
As mentioned, you should also not post photos of yourself performing physical activities, even light ones. Even posting photos of yourself enjoying a time out with friends or having an elegant evening could be used to undermine claims that the accident has impacted both your physical and mental health.
Videos
Recording snippets of your day and posting them on their social media is a daily habit for many. Just like with photos, avoid posting any videos of yourself just before and following the accident. Some victims want to share the serious nature of their injuries with their friends and followers, but this can backfire.
Of course, avoid posting any videos of the activities you participated in after the accident. In fact, it is best to not post videos of you doing anything physical at all. Even if your doctor gives you a clean bill of health, do not post. Remember, your claim is for more than just physical damages, it is also for the psychological impact of your accident.
Our Illinois Car Accident Lawyers Can Help Support Your Claim Today
Our Lincoln Park car accident lawyers at Rhatigan Law Offices can provide you with a free case review when you call us at (312) 578-8502.
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