Social media is such a commonplace thing in the modern world that many car accident victims don’t think twice before posting information about their crashes online. This may be how you’re used to sharing your life with friends and family, but it is critical to avoid posting on social media while your Texas car accident claim is still pending. Here’s why.
Insurance Companies Can (And Will) Use Your Social Media Activity Against You
During a car accident insurance claim, the insurance company’s main goal is to save itself money, not to help you recover. Even if you weren’t at fault for the crash, the insurance company you’re dealing with will try various tactics to deny or devalue your claim.
This may include analyzing your social media accounts for reasons to reject benefits. What may seem like harmless posting to update people about a major event in your life could actually lead to a smaller settlement, since an insurance company can twist what you post around and use it against you.
Disputing Injury Severity
The first example is an insurer using your posts to argue that your injuries are not as severe as you claim. If you casually respond, “I’m fine,” in a comment to someone asking how you are, for instance, the insurer could use your own words against you to make you appear less injured than you really are.
Arguing Against Emotional Distress
An insurance company can twist around anything you post, including photographs and location check-ins, to refute your claim. If you are seeking compensation for pain and suffering, for example, an insurer could use a photo of you smiling at dinner with your family to argue that you are not suffering as much as you say you are.
Painting You as an Unreliable Witness
Anything you put online could be used to weaken your car accident case by challenging your credibility in court. Something you post out of frustration in the heat of the moment could turn up as evidence against you. The insurance company may try to blame you for the car accident or use any conflicting statements you make (online or offline) against you to paint you as an unreliable witness.
Best Practices for Using Social Media During a Car Accident Claim
Posting status updates, comments, photos and videos of any type while a car accident case is pending could give an insurance company ammunition to use against you. For this reason, it is best to deactivate your accounts and stay off of social media entirely until your claim has been resolved. If you can’t do this, at least refrain from posting anything new, including replying to other people’s comments and messages.
Note that a car insurance company can access your social media sites regardless of your privacy settings. If the insurer believes your accounts may contain evidence relevant to the case, they can get the courts to issue a subpoena for full access to your accounts. This even includes direct messages and private conversations.
Communicate With Your Attorney Instead
If you feel the need to share your thoughts and feelings about a recent car accident in Texas, communicate with an Austin car accident attorney instead of posting online. You can trust that your attorney is on your side and working for you, not an insurance provider.
Your lawyer can give you advice about social media and how to protect your rights during your claim. A lawyer can also resolve your case efficiently and effectively, so that you can get back to your normal social media activity as soon as possible.
If you wish to discuss a recent motor vehicle accident with a knowledgeable Austin personal injury lawyer near you, contact FVF Law Firm. We offer meetings with lawyers at no cost or pressure to make any decisions. Call (512) 640-2146 today.
