Posting on social media after an auto collision caused by a negligent driver may seem harmless, but it can seriously damage your ability to recover fair compensation for your injuries. Insurance companies are always looking for ways to reduce or deny payouts to accident victims. Knowing how social media can affect a Washington car accident claim is essential if you've been hurt in a crash.
At Max Meyers Law, our experienced Washington car accident lawyer helps people understand their rights and fight back against unfair insurance tactics, such as claiming you were partially at fault in causing the crash. Here, attorney Max Meyers explains how social media can impact your claim and tips on using social media while we are working to settle your case.
How Social Media Can Impact a Car Accident Claim in Washington
Many people don't realize their social media activity can be used as evidence in a legal case. Defense attorneys and insurance adjusters routinely screen an auto accident victim's social profiles, looking for photos or comments that could undermine their claim.
For example, let's say you post a selfie at a Seahawks game a few weeks after your accident. Even if you're still in pain, the insurance company may argue that your ability to attend the game proves your injuries aren't that serious.
Or perhaps you share an article about the rising cost of medical bills. The insurer could point to this as evidence that you're motivated by financial gain rather than a desire for fair compensation.
Adjusters may even take comments out of context to make it seem like you've healed or admitted fault. Replying "I'm fine" to a friend becomes "See, he told people he was fine after the accident!" Venting that "I can't believe this happened to me" turns into "She basically admitted the crash was her fault."
Your Location Data and Tagged Photos Also Tell a Story
Social media can impact a car accident claim in many ways. It's not just your own posts you need to worry about. Insurance companies also look at the posts and photos of your friends you're tagged in. If your bowling team tags you in their weekly score update, that could be used to argue you've recovered---even if you didn't attend.
Many social media platforms also track location data. If you "check in" at a restaurant or allow a photo to be geo-tagged, the insurer may claim you're able to get around just fine. They could say you don't need compensation for transportation to medical appointments or help with errands.
Anything You Post on Social Media Can Be Discoverable and Impact Your Car Accident Claim
You may think you're safe because your profiles are set to private. However, defense attorneys can file a motion to compel, requesting access to data from "private" accounts. Judges often grant these requests on the grounds that online activity is not protected or privileged information.
Some people try to delete posts or deactivate their accounts after realizing their social media use could be problematic. However, attempting to destroy evidence can lead to severe legal consequences. It's best to assume that anything posted online is permanent and public.
Social Media Dos and Don'ts After a Washington Car Accident
So, now that you know how social media can impact a car accident claim, what can you do to protect your car accident claim? Here are tips our car accident lawyer recommends you take:
- Do set all profiles to private. This won't completely prevent the defense from accessing your accounts, but it's an important first step.
- Do ask friends and family not to post about you. Well-meaning loved ones may inadvertently share something that harms your claim. Have a conversation early on about keeping updates offline.
- Don't accept new friend or follow requests. The insurance company may create fake profiles to try to access your private posts. Deny any request from someone you don't know personally.
- Don't post about your accident or injuries at all. Even statements you think are harmless could be used against you. Avoid the topic completely.
- Do consider a social media hiatus. The simplest way to prevent social media from harming your claim is not to use it while your case is ongoing. Deactivate or temporarily close your accounts.
How a Washington Car Accident Lawyer Can Protect Your Rights
Attorney Max Meyers has seen insurers become increasingly aggressive in using social media to fight claims in the decades he has been fighting for car crash victims’ rights. Due to how social media can impact a car accident claim, he recommends being cautious with online activity and consulting with us as soon as possible after a crash.
Max will review your situation at your initial free consultation and explain your legal options for pursuing compensation. Here are other ways we will assist you:
- Personalized attention from an experienced attorney. Max Meyers personally handles each case, getting to know clients and tailoring his approach to their unique needs. You'll work directly with Max and our legal team.
- Thorough investigation of your accident. We'll gather evidence, interview witnesses, and retain experts to build the strongest possible case. Max has extensive experience dealing with insurance companies and knows how to counter their tactics to deny your claim or try to get you to accept a lower settlement than you deserve.
- Clear communication and guidance. We'll explain the legal process, answer your questions, and keep you informed at every stage of your car accident claim. Max will provide straightforward advice on your options and help you make informed decisions throughout your case.
- Aggressive pursuit of fair compensation. We'll negotiate with the insurance company on your behalf and fight for the full amount you are entitled to. If a fair settlement can't be reached, Max Meyers has the trial experience to take your case to court and will file your complaint before the statute of limitations under RCW 4.16.080 expires.
- No upfront costs. We handle car accident cases on a contingency basis, meaning you only pay if we win. You will not have to pay any out-of-pocket expenses to hire us.
