I evaluated a slip and fall case recently. The lawsuit had already been filed, and the Tulsa attorney who initially worked on the case had filed a “Motion to Withdraw as Plaintiff’s Attorney.” Why did that attorney bail on the case? The plaintiff claimed he had a serious fall at a hotel, but in the days following “the fall,” he posted multiple pictures of his rounds at a golf course. Yes, he fell at the hotel, but his injuries were significantly less than he claimed. This is the most extreme example. In most cases, the photos don’t actually hurt the case, but they still require explanation.
Defense attorney: “If you’re so hurt, why did you go on vacation in Florida?”
Plaintiff: “It was my cousin’s wedding, so I wanted to attend. The photos don’t show that I couldn’t even walk on the beach without help. And I couldn’t stand during the ceremony.”
The Risks of Social Media in Car Accident Claims
When you’re involved in a car accident, it’s natural to want to share your experience with friends and family on social media. However, posting about the accident, your injuries, or your daily activities can be used as evidence against you in your claim. Insurance companies and defense attorneys may scour your social media profiles, looking for posts, photos, or videos that contradict your claims or downplay the severity of your injuries.
For example, if you claim to have suffered a severe back injury that limits your mobility, but your social media posts show you engaging in physical activities like hiking or dancing, it could be used to challenge the credibility of your claim. Even seemingly innocent posts, such as discussing the accident details or complaining about your pain, can be taken out of context and used against you.
Can insurance companies access my social media accounts during a car accident claim?
Yes, insurance companies can access your public social media posts and may even request access to your private posts during the discovery process of your claim.
What types of social media posts can be most damaging to a car accident claim?
Posts that contradict your claims, downplay your injuries, or show you engaging in activities you claim to be unable to do can be particularly damaging to your case.
Can I still use social media while pursuing a car accident claim?
It’s best to avoid posting anything related to your accident, injuries, or claim on social media. If you must use social media, be cautious about what you post and consider increasing your privacy settings.
Social Media as a Tool for Insurance Companies
Insurance adjusters routinely use social media to investigate claims and gather evidence to deny or reduce the value of a settlement. They may look for posts that suggest your injuries are less severe than claimed or that you are not following your doctor’s orders for treatment and recovery.
For instance, if you claim to be suffering from debilitating anxiety or depression after the accident, but your social media posts show you attending parties or socializing frequently, the insurance company may argue that your mental health has not been significantly impacted.
Insurance companies may also use social media to uncover information about your pre-existing conditions, lifestyle, or risky behaviors that could be used to minimize their liability in the accident.
Can insurance companies use social media posts to deny or reduce a car accident claim?
Yes, if your social media posts contradict your claims or provide evidence that your injuries are less severe than you allege, insurance companies can use this information to deny or reduce your settlement.
How far back can insurance companies look into my social media history?
Insurance companies can investigate your social media history before and after the accident. There is no specific time limit, but generally, they will focus on content relevant to your claim.
Protecting Your Car Accident Claim on Social Media
To protect your car accident claim, it’s best to refrain from using social media entirely until your case is resolved. If you must use social media, be highly cautious about what you post. Avoid discussing the accident, your injuries, or anything related to your claim. Don’t post photos or videos that could be misinterpreted or used to downplay your injuries.
It’s also wise to increase your privacy settings and avoid accepting new friend requests from people you don’t know, as they may be working for the insurance company. However, even with strict privacy settings, it’s important to remember that nothing posted online is truly private.
Should I make my social media accounts private during a car accident claim?
Yes, increasing your privacy settings on all social media platforms during your car accident claim is a good idea. However, remember that even private posts may be discoverable in some cases. Most insurance companies will include social media information in their discovery requests.
Social Media Evidence in Car Accident Litigation
While social media posts can be used against you, they can also be valuable evidence to support your car accident claim. For example, if the other driver posted about the accident and admitted fault or witnesses shared photos or videos of the crash scene, this content could strengthen your case.
However, ensuring that any social media evidence is properly authenticated and admissible in court is important. According to Oklahoma’s Rule 26, photographs and electronic or digital media exhibits, including social media content, must be properly endorsed on pleadings and exchanged with all other parties in a timely manner to allow for objections to identification or authentication.
Your Oklahoma City car accident attorney can help you navigate the complexities of using social media evidence in your case and ensure it is presented effectively in court.
Can social media posts be used to prove the extent of a car accident victim’s injuries?
Yes, social media posts can be used as evidence to demonstrate the accident’s impact on your life and the severity of your injuries. However, this content must be carefully curated and authenticated to be admissible in court.
How can an attorney help me navigate social media issues in my car accident case?
An experienced Oklahoma City car accident attorney can advise you on the appropriate use of social media during your claim, help you gather and preserve valuable social media evidence, and ensure that any evidence used in your case is properly authenticated and admissible in court.
The Impact of Social Media on Medical Documentation and Credibility
Social media posts can also significantly impact the credibility of your medical documentation in a car accident claim. If your posts depict you engaging in activities that should be impossible or difficult with your claimed injuries, it could raise doubts about the accuracy of your medical records.
For instance, if you claim to have suffered a severe knee injury that requires extensive physical therapy and limits your mobility, but your social media posts show you participating in a high-impact fitness class or going on a hiking trip, the insurance company may challenge the authenticity of your medical documentation and the severity of your injuries (see: Section 3009.1 – Personal injury suits – Medical bills – Evidence).
To avoid jeopardizing your medical credibility, ensuring that your social media presence is consistent with your claimed injuries and the limitations outlined in your medical records is crucial. If there are discrepancies, be prepared to explain them and provide additional evidence to support your claim.
Can social media posts contradict my medical records in a car accident claim?
Yes, if your social media posts depict you engaging in activities inconsistent with your claimed injuries or the limitations described in your medical records, it can raise doubts about the credibility of your medical documentation.
How can I ensure my social media presence doesn’t jeopardize my medical credibility?
Be honest and consistent in your social media posts, and avoid sharing content that contradicts your claimed injuries or the limitations outlined in your medical records. If you have any concerns, consult with your attorney before posting.
What types of social media content could lead to punitive damages in a car accident case?
Social media posts demonstrating the at-fault driver’s reckless or intentional misconduct, such as bragging about speeding, driving under the influence, or engaging in other dangerous behaviors, could support a claim for punitive damages.
Balancing Privacy and Public Access in Oklahoma Court Proceedings
The Oklahoma Supreme Court has recognized the importance of balancing individuals’ privacy rights with the public’s right to access court documents. In “In re Privacy Public Access to Court Documents,” 2008 OK 23, the court established rules requiring the redaction of personal data identifiers in court filings to protect individuals’ privacy.
While these rules primarily address court documents, they underscore the importance of privacy in legal proceedings. They can be applied to social media evidence in car accident cases. Courts may consider the privacy implications of admitting certain social media content as evidence and require redacting personal information before disclosing it.
The Bottom Line: Think Before You Post
The impact of social media on your Oklahoma City car accident claim cannot be overstated. A single post, photo, or video can have far-reaching consequences that could jeopardize your ability to recover the compensation you deserve.
To protect your rights and maximize your chances of a successful outcome, it’s essential to think carefully before posting anything on social media during your car accident claim. If you have doubts about what to share or how it might affect your case, consult an experienced Oklahoma City car accident attorney at Hasbrook & Hasbrook.
If you or a loved one has been injured in a car accident in Oklahoma City, don’t let social media jeopardize your claim. Contact Hasbrook & Hasbrook today at 405-605-2426 or visit our contact page to schedule a free consultation and learn more about how we can help protect your rights and fight for the compensation you deserve.
What are some alternative ways to document my car accident recovery without using social media?
Consider keeping a private journal or diary to document your recovery progress, pain levels, and the impact of the accident on your daily life. You can also take photos and videos for your personal records, but keep them private and only share them with your attorney.