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With social media playing such a big role in our lives, people post online without thinking twice. Many people use platforms such as Facebook, Instagram, Twitter, and Snapchat to connect with friends, family, and the public. Following an accident or injury, you might want to share updates with your friends and followers online. From a legal perspective, this is not a good idea. In fact, posting about your accident on social media can be detrimental to your case. How?
While collecting evidence in your case, insurance adjusters will review your social channels. They do this to look for evidence to destroy your case or hinder your credibility. Writing something as simple as, “whoops” after a car crash can be seen as an admission of fault. This is true even if you are not the person to blame. You don’t want anything you post on your social media accounts to discredit your claim. So, it is best to refrain from publishing a post or story after an accident.
Besides written posts, the other side can use any photos or videos you or your friends upload against you. While it’s important to take photos of any damages, witnesses, vehicles involved, driver information, and more after a car accident, you should never post them online. Again, any photos or videos you post after an accident can be used as a form of evidence to attempt to discredit your claim or reduce your settlement.
An example of this? Let’s say you upload a video of yourself dancing at a family wedding, or even a photo at the gym. If you are seeking compensation for an injury, insurance companies may use this media to argue that you’re exaggerating or faking your injuries even if you were just doing all you could to be present with your loved ones on a special occasion despite the pain or working on rehab exercises to get better. The insurance company just doesn’t care. Its goal is to discredit you and underpay your claim, not to take responsibility for the damages it owes. As a result, sharing these post-accident activities can damage your credibility, especially if your case goes to trial.
As you’ve heard, anything you post online will be there forever. You may think a deleted post is gone, but anyone can access your post history with the right paperwork. Once you post about an accident online, the information is out there forever. So, you should avoid uploading any information about your accident or injuries during your personal injury case.
Accidents can cause feelings of anxiety, uncertainty, frustration, fear, and much more. While you may feel inclined to share these emotions with your friends and family, remember that your words can be taken out of context.
For instance, if you post something like “Ugh, not again…I’m so annoyed” after a car accident, this could convey that it’s not the first time you have been in or caused an accident even if the “prior accident” was someone backing into your parked car in a parking lot. The insurance company may also argue that you do not find the situation all that serious.
Even worse, the insurance company may be allowed to present this statement in court to further misinterpret your words and deem a statement like this one as an admission of fault. After an accident, it is important to avoid posting about your situation so that your words don’t get twisted and used to devalue your case.
As your South Carolina car accident lawyers, we want to make sure you get the entirety of what you’re owed under SC law. Don’t let a post on social media limit your compensation.
At Cavanaugh & Thickens, we look out for your best interest to ensure that you get the best possible outcome for your case. If you have been in an accident anywhere in South Carolina, our experienced, award-winning team is here for you. For your free consultation, call us today at (803) 888-2200 or fill out our online consultation form, and we will be in touch ASAP.
Disclaimer: The opinions and ideas in this article are for informational purposes only and are not intended as legal advice. Each case is different and must be evaluated based on its own particular facts and merits.
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