Social media is a natural, inescapable part of daily life. But when it comes to car accident claims, what you post on social media can have real and serious consequences. Insurance companies routinely go through social media profiles, and what they find and use against claimants are things they least expect. As your Queens car accident lawyer, the team at Alex Yadgarov & Associates will go through some common social media mistakes accident victims make and some of the best practices you can adopt to stay protected. At the end of the day, your digital footprint should not prevent you from getting the compensation you deserve.
Can Social Media Affect Your New York Car Accident Claim?
Yes. Your social media activity can become relevant during a car accident claim investigation. When reviewing your claim, insurance adjusters are trained to look for inconsistencies.
As part of their investigations, they routinely look into a claimant’s online activity following an accident, comparing medical records and other evidence to evaluate your claim. When inconsistencies are spotted, they can often use them as justification for reducing your settlement and, at worst, denying your claim.
While you don’t need to stop using social media altogether, it is important that you be careful with what you post, share, and comment while your case is being investigated.
Why Do Insurance Companies Review Social Media?
Going through a claimant’s social media profiles has become a routine practice for insurance adjusters. There are several reasons for this course of action.
- To verify information presented in claims—If you have reported a significant physical injury, the adjusters may look at your social media for posts that contradict those statements.
- To identify statements that conflict with reported injuries—A comment describing a weekend plan or a photo of you engaging in physical activity or travel can be flagged as inconsistent with the injuries you have claimed.
- To investigate accident-related activities—Sometimes, people post about the accident on social media. An adjuster can use that information to glean your negotiation strategy.
- To assess the claimant’s credibility—Insurance fraud is a major concern. That’s why insurance adjusters also look beyond specific posts to get an overall picture of who the claimant is as a person. Their impression of you can determine how seriously they take your claim.
Types of Social Media Activity That Could Affect Your Claim
Some of the most common types of social media activity that can affect your claim include:
- Posts showcasing physical activity
- Videos of participation in recreational events
- Check-ins at gyms, holidays, and sporting events
- Comments about the accident
- Discussing injuries and details about the settlement negotiations
- Jokes or sarcastic remarks that are open to misinterpretation
- Tagged photos and videos posted by friends and family
Should You Change Your Privacy Settings?
Adjusting your privacy settings is a reasonable precaution to take since it restricts the number of people that can see and interact with your posts. However, it’s not an absolute guarantee that content will remain inaccessible, especially if the content is shared or captured by others.
At the same time, avoid deleting existing social media posts. Removing content after an accident can make it look like you have something to hide. This impression can seriously damage your credibility.
While you can’t change the past, you can change the future. The most straightforward and cautious approach you can take is to be careful about what you post. Ask yourself, do you want the other side to see this post? If not, then don’t post it.
Can Deleted Posts Still Be Used as Evidence?
Deleting a social media post during a pending claim doesn’t necessarily make it disappear. Content that has been shared can be viewed through secondary sources, and in some cases, digital forensics can be used to recover deleted data. At the same time, don’t forget that optics matter, and deleting social media posts at the heels of a case can seem like you have something to hide. Before you do anything with existing social media posts, make sure to consult with your attorney to understand your rights and liabilities.
Best Practices for Protecting Your Accident Claim Online
To shield yourself from social media content having a negative impact on your claim, follow these steps.
- Pause unnecessary posting on social media
- Do not discuss the accident online.
- Avoid posting photos and videos of physical activity (e.g., gym, travel)
- Ask your friends and family not to tag you without your permission.
- Review the privacy settings of your accounts.
- Keep communications with your attorney private.
- Follow the recommended treatment plans without deviations.
Conclusion
Social media is a part of everyday life. However, when you’re in the middle of an accident claim, you need to be extra careful about your activity. That’s because what you post, share, and comment can have a serious impact on your claim. At the same time, you need an attorney that can help guide you through the process.
If you’re looking for a skilled and experienced Brooklyn car accident lawyer, Alex Yadgarov & Associates is the place for you. Contact us today and schedule a free and confidential consultation.