Following a car accident in Pennsylvania, it’s important to understand that posting on social media can hurt your chances of a successful personal injury claim. Both insurance companies and defense attorneys for the negligent party will routinely check social media platforms for evidence that can be used to reduce or ultimately deny your claim and subsequent compensation. This includes posts and updates on social platforms like Facebook, Instagram, X (formerly Twitter), TikTok, and other platforms. Even seemingly innocent posts can be manipulated and used against you. As such, understanding how to avoid social media is critical to protect the outcome of your claim.
Why Posting on Social Media After an Accident Can Hurt Your Case in Pennsylvania
As previously stated, your social media will likely be monitored by the defense. This means that by posting about your injury, you may be exposing confidential information about your case. Additionally, your social media can be used against you.
For example, if you claim to be experiencing whiplash as a result of your car accident and then you post about driving to the movies with friends, a defense attorney could argue that you are not as injured as you say, if at all. In a personal injury case, the emotional toll you face is a large aspect. If you post often online, reassuring your friends and family that you are doing well, you will also be letting the defense know that you are not suffering emotionally.
Another reason to avoid discussing your injury is that you have to be careful about how you describe the events of the accident. Even the shortest and most innocent statement can hurt your case. Lastly, it is important that you do not exaggerate the extent of your injuries, physically or emotionally. This can damage your credibility.
How Social Media Is Used Against Injury Claims
- Insurance adjusters actively monitor and review social media platforms for evidence
- Photos and videos may be used to dispute the severity of your injuries
- Status updates may be decontextualized and twisted to challenge credibility
- Location check-ins and photos can contradict claims of injury
- Deleted posts can be recovered through discovery
What Should You Do to Avoid Posting After a Pennsylvania Car Accident?
If you are involved in a car accident in York County, Lancaster County, or anywhere throughout the Commonwealth, it’s imperative to limit your online activity. Even innocent or innocuous posts may be intentionally misinterpreted to impact the validity of your case. The best approach is generally to avoid posting altogether until your claim is resolved. This guidance applies to all personal injury claims filed in accordance with Pennsylvania law, regardless of where the accident occurred within the state.
Social Media Mistakes to Avoid
- Posting photos or videos of yourself engaged in any form of physical activity
- Sharing updates regarding your recovery, pain levels, or medical care
- Discussing details of the accident, including allegations of fault
- Checking in at locations or tagging places that can be interpreted as engaging in normal activity
- Commenting about the other driver or insurance companies
- Accepting unknown friend requests (could be adjusters or attorneys)
- Allowing friends and family to tag you in posts or updates
What Should You Do Instead?
The best thing to do is set your account to private and avoid posting on social media completely until your case is resolved. If you do continue to post, make sure that you do not mention anything regarding the accident or your injury. Additionally, avoid posting any photos of yourself or the activities in which you partake. You should also warn your friends and family to refrain from posting any photos of you or statements about you.
It’s also important to understand that any time you delete anything online, it can easily be recovered. Additionally, deleting posts regarding the accident may be viewed as an attempt to destroy evidence. As such, if you have posted something regarding your accident, do not delete it until you have discussed the matter with an attorney.
If you have any questions about what you should or should not post on social media following a car accident in Pennsylvania, contact us today.
Best Practices to Protect Your Personal Injury Claim
- Set all profiles to private
- Avoid posting anything until your case is resolved
- Do not discuss any aspect of your case online
- Ask friends and family not to post photos of you or tag you in updates
- Adhere to all advice from your attorney regarding online posts
Contact Our Experienced Eastern Pennsylvania Injury Firm
We understand that going through the legal system alone can be both confusing and highly stressful. That is why it is our job to help you through every step of the process ahead. For years, we have been helping clients throughout Lancaster County and its surrounding areas through a wide range of legal matters, including personal injury cases, criminal defense matters, family law issues, estate planning law matters, and more. If you need legal assistance, we are here to help. Contact Ilkhanoff & Silverstein today.
