How Facebook Can Destroy Your Car Accident Injury Case

KEY POINTS

  • Be careful in what you say about your car accident online.
  • Anything you post to Facebook or social media could be used against you in your Georgia personal injury case.
  • Atlanta Car Accident Lawyers generally advise against posting messages and pictures to Facebook, Instagram and similar sites while your injury case is ongoing.
  • Even innocent postings, saying things like “I’m fine mom…” to reassure your relatives and friends can hurt your case.
  • We think Social Media is great!   Just not for your car accident case.

Should I Talk About My Car Accident on Social Media?

Our law firm says “No.” Many of us stay connected to friends, family members and others through online social media accounts. This allows us to keep people informed about what is happening in our lives and stay in touch. But when you are involved in a car accident, you may be tempted to take to social media and share your experience with others and describe your injuries. At the time, you may not be considering how your post can affect your car accident claim. But if you are not careful, you may find that your settlement or lawsuit is negatively affected.

How Can Social Media Hurt My Car Accident Injury Claim or Lawsuit?

It is common for insurance adjusters to read your social media.  Just as defense lawyers and other people working against you to dig for evidence to hurt your case.  Even a seemingly harmless social media post can be used as claims investigation by the insurance company of the at-fault driver to undercut your accident claim. Depending on you have written on social media, the other side may twist your words or photos to suggest:

  • You were in fact at fault in causing the accident;
  • Your own negligent conduct contributed to your injuries;
  • Your injuries are not as serious or severe as you claim;
  • You are not a credible or truthful witness.

While it is not necessary that you forgo any social media activity after an Atlanta car accident, you should be very mindful of what you do post to sites like Facebook and Twitter. Your Atlanta car accident attorney can help you decide whether a planned update is hurtful to your case and legal interests.

What Should I Not Post After a Car Accident?

Social media platforms such as Twitter and Facebook allow us to share updates and information with others in near real-time. We can be involved in an Atlanta car accident at 1 p.m. and be telling our friends and acquaintances an hour later. But what you post immediately after an accident and in the days and weeks that follow can cause serious harm to any future claim or lawsuit for damages you may bring. To protect your legal rights to compensation, you should avoid posting:

  • Statements that may indicate you were at fault in causing the accident;
  • Admissions of negligent conduct (i.e., do not post a statement indicating you are drunk, that you are going to engage in a speed exhibition, or other similar activity);
  • Descriptions of your injuries or diagnoses, even if you have already seen your doctor. You may get your diagnosis wrong and admit to injuries that are less severe than the injuries you have, or your doctor’s initial diagnosis may change as more symptoms appear;
  • Photographs of your injuries or damage to your car, especially ones that do not depict the true extent of your damages or injuries;
  • Updates about where you intend to go and/or what you intend to do after the car accident, especially if you are claiming your injuries are severe or impacting your ability to enjoy life or engage in other activities;
  • Reassurances to “mom” or friends and relatives that you are “fine” after an accident, when you are actually injured and in pain;
  • Photos that show you vacationing or engaging in physical activity after the accident.

If you are uncertain about whether you ought to post information, or photograph, you should refrain from doing so until you have had an opportunity to speak with a car accident attorney. He or she can review your intended post and advise you as to how that post or update may impact your legal rights.

Do Claims Adjusters Really Look Over My Social Media Account?

Not only do claims adjusters review your social media accounts and other online postings after a Georgia car accident, but in some cases they have been able to trick people into friending them or allowing them to bypass security or privacy settings you may have. This enables the claims adjuster to look at your social media account even if you think it is private.

To understand why a claims adjuster would be interested in your social media account, you must understand what a claims adjuster’s job involves. A claims adjuster is tasked with one main objective: settling your claim for as little money as possible. After all, an insurance company cannot turn a profit for its shareholders if it pays out more in claims than it takes in through premiums. Your social media account can provide the claims adjuster with valuable information he or she needs in order to deny your claim or reduce the amount of compensation the insurance company will pay to you. This is why it is important to be very careful about what you post following your Atlanta car accident.

Let Our Expert Car Accident Lawyers Advise and Educate You About Social Media

The experienced Georgia personal injury attorneys at The Millar Law Firm can advise and direct you in the days and weeks following a car accident.  Expert legal advice from Atlanta attorneys who specialize in car accident cases can help maximize your opportunity to receive full compensation helping you avoid making statements that hurt your case.   Contact our dedicated Atlanta and South Atlanta car accident legal team today at (404) 620-4378 to discuss your Atlanta car accident case.

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