You don’t need us to tell you that social media platforms like Instagram, Facebook, Snapchat, Twitter, and Tiktok have transformed the way we communicate and interact. After all, you’re probably reading this—along with a huge portion of the other content you consume on a daily basis— because of something you originally saw on a social post. So, it should come as no surprise that social media now plays a big role in many personal injury cases.
If you’ve been injured in an accident and file an insurance claim or lawsuit, the insurance company will search your social media accounts. If the insurance company hires attorneys to fight your suit, those attorneys will search your social media accounts. It is not a matter of “if,” but “when.” That said, it is crucial to understand how your posts on social media can affect your case. Read on for the four most frequently asked questions we get about how social media can affect your personal injury case and the simple, honest answers you need to know:
Question 1: “If I post about my accident or injuries on a social media platform, is the insurance company legally entitled to view those posts?”
ANSWER: ABSOLUTELY, 100%, NO DOUBT ABOUT IT. ONCE YOU FILE A LAWSUIT, THE OPPOSING PARTY (USUALLY AN INSURANCE COMPANY) IS ENTITLED TO VIEW/REVIEW/WATCH ANYTHING AND EVERYTHING THAT COULD BE RELEVANT TO YOUR CLAIMS. IF YOU POST ABOUT YOUR ACCIDENT, YOUR INJURIES, OR YOUR MEDICAL TREATMENT, THOSE POSTS ARE CLEARLY RELEVANT TO YOUR CLAIM. THAT MEANS THE INSURANCE COMPANY IS LEGALLY ENTITLED TO SEE THEM, AND YOU WILL BE REQUIRED TO SHOW THEM.
Question 2: “What if I post on social media but I don’t think it has anything to do with my case? Is the insurance company still legally entitled to view those posts?”
ANSWER: MAYBE. MOST JUDGES AGREE THAT YOU STILL HAVE SOME EXPECTATION OF PRIVACY EVEN AFTER FILING A LAWSUIT. BUT, DECISIONS ABOUT SOCIAL MEDIA ACCESS ARE MADE ON A CASE-BY-CASE BASIS, AND SOME JUDGES WILL HAVE STRICTER STANDARDS THAN OTHERS. IT IS ALWAYS POSSIBLE THAT A JUDGE COULD GIVE AN INSURANCE COMPANY TEMPORARY ACCESS TO YOUR ENTIRE SOCIAL MEDIA ACCOUNT/PROFILE, IN ORDER TO SEARCH FOR POSTS THAT MAY BE RELEVANT TO YOUR CASE. FOR THIS REASON, JUST TO BE ON THE SAFE SIDE, WE CAUTION OUR CLIENTS FROM DAY ONE TO ASSUME THAT ANYTHING AND EVERYTHING THEY POST ON SOCIAL MEDIA WILL BE SEEN BY THE OTHER SIDE.
Question 3: “What if my social media accounts have strong privacy settings and I only let my friends/family/followers see my content?”
ANSWER: THIS IS A GOOD STEP AND HIGHLY RECOMMENDED. HOWEVER, IT IS STILL NOT A GUARANTEE OF PROTECTION AGAINST PRYING EYES. EVEN IF YOU HAVE YOUR ACCOUNTS SET TO “PRIVATE,” A JUDGE WILL STILL REQUIRE YOU TO TURN OVER ANY CONTENT THAT IS DIRECTLY RELATED TO LAWSUIT, SO YOU SHOULD STILL BE VERY CAREFUL ABOUT SHARING ANYTHING ON SOCIAL MEDIA ABOUT YOUR CASE. KEEPING YOUR PRIVACY SETTINGS STRONG, THOUGH, WILL HELP YOU FIGHT ANY EFFORTS BY THE INSURANCE COMPANY TO PRY INTO IRRELEVANT, PERSONAL CONTENT.
Question 4: “During my lawsuit, can I delete old posts that might make me look bad?”
ANSWER: NO. THIS WOULD BE CONSIDERED “SPOLIATION,” WHICH IS JUST A FANCY LEGAL TERM FOR “DESTROYING EVIDENCE.” THE LAW VIEWS DELETING SOCIAL MEDIA CONTENT AS SIMILAR TO SHREDDING AN IMPORTANT DOCUMENT OR ERASING A HARD DRIVE WITH IMPORTANT FILES ON IT. IF YOU DO THIS, NOT ONLY WILL THE JUDGE BE VERY MAD AT YOU, BUT IT COULD RESULT IN SANCTIONS AGAINST YOU, OR EVEN HAVING YOUR CASE DISMISSED. ONCE A POST IS MADE, IT HAS TO STAY UP UNTIL YOUR LAWSUIT IS OVER. THAT IS WHY THE BEST COURSE OF ACTION IS TO AVOID MAKING HARMFUL AND/OR QUESTIONABLE POSTS IN THE FIRST PLACE!
Bottom Line:
Just because you were injured and filed a lawsuit, you are not required to stay off of social media. If you want to shut down your accounts for awhile, go for it. If you instead choose to maintain a social media presence during your lawsuit, be smart about it. Understand that nothing you post on the internet will be truly “private” – no matter what those account settings may say.
Want to show off your recent hang-gliding pictures from vacation? Great! Really proud of your 300-pound lift and want to share it with your #fitfam? Congrats! But, in the context of a personal injury case where you have claimed injury, you could be *seriously* harming your case. So, before you press that button and share anything with the world, remember that the insurance company is always watching.
For questions about a personal injury case or anything else you may need our expert team’s help with, call or text us anytime at 337-504-3202 or shoot us a DM on your favorite social media platform. For more legal tips and helpful info, check out our other blog posts here.
