Insurance & Social Media in Injury Claims

In the modern legal field, your digital footprint often speaks louder than physical evidence. When you file a personal injury claim in South Carolina, the insurance company and defense counsel often review more than the police report and medical records. They may review your social media activity, text messages, and phone logs for any information they believe challenges your claim.

At Crantford Meehan, our attorneys, William C. Crantford and Jerry A. Meehan Jr., understand how digital evidence can make or break a claim. Both attorneys have earned the prestigious Martindale-Hubbell AV Rating, reflecting the highest level of professional excellence. As graduates of the Trial Lawyers College, we use trial-tested strategies to manage data and protect our clients’ rights throughout the litigation process.

The Role of Digital Evidence in South Carolina Personal Injury Claims

Digital evidence includes any information stored or transmitted in a digital format that can support or refute the facts of a legal case. In South Carolina, the admissibility of digital evidence is primarily governed by the South Carolina Rules of Evidence.

What Is Rule 401?

Under Rule 401, the court considers evidence relevant if it has any tendency to make a fact more or less probable than it would be without the evidence. Because digital communications can reflect a person’s actions, location, or condition at a given time, courts often consider them relevant in personal injury litigation. Whether it is a text message sent seconds before a collision or a social media post showing physical activity after an injury, digital data provides a powerful window into the truth of a claim.

Social media platforms such as Facebook, Instagram, and X (formerly Twitter) are often among the first places insurance adjusters may review after a claim is filed. Even if you believe your account is private, your online activity can significantly impact your recovery.

Surveillance by Insurance Companies

Insurance companies sometimes assign adjusters or investigators to monitor claimants’ public social media profiles for evidence. They look for inconsistencies between your legal claims and your online persona. For example, if you claim a severe head injury that prevents you from working or enjoying life, but post a photo of yourself at a concert or a family gathering, the insurance company will use that image to challenge the severity of your injuries.

The Risk of Misinterpreted Posts

Insurance companies can misinterpret even innocent posts or take them out of context. The defense might use a “check-in” at a restaurant to argue that you are not as homebound as you claim. Additionally, the insurance company can use a comment from a friend saying, “Glad to see you’re doing better!” as evidence that your recovery is further along than medical records suggest.

S.C. Code Ann. § 15-32-210(9) and Non-Economic Damages

In South Carolina, juries may consider evidence of a plaintiff’s general well-being when determining non-economic damages, such as pain and suffering or loss of enjoyment of life. Under S.C. Code Ann. § 15-32-210(9), South Carolina law defines non-economic damages as subjective, non-monetary losses, including pain, suffering, and emotional distress. If social media posts suggest a high quality of life or active social engagement, a jury might reduce the compensation awarded for these “intangible” losses.

Using Cell Phone Records and Text Messages as Evidence

While social media often impacts the damages portion of a case, attorneys frequently use cell phone records and text messages to prove liability and negligence.

Proving Distracted Driving and Negligence

Distracted driving is a leading cause of car accidents in South Carolina. By reviewing the at-fault driver’s phone records obtained through discovery, attorneys can determine whether the driver was texting, emailing, or on a call near the time of the crash. Timestamps on outgoing messages or data usage logs provide objective proof of negligence that is difficult for the defense to dispute.

Corroborating Your Timeline

Digital data can also support your version of events. GPS data from a smartphone or “find my phone” features can verify your location and speed at the time of an accident. App usage logs can show that you were not using your device, which may help defend against allegations of comparative negligence. In South Carolina, under the modified comparative negligence standard, an injured person cannot recover damages if found more than 50% at fault.

How Your Attorney Obtains This Data

Obtaining digital evidence requires swift legal action. Most cellular providers retain detailed text message and call data for limited periods, so early investigation is critical. Our legal team uses the discovery process and subpoenas to secure these records before they are overwritten or deleted. We work to help preserve and authenticate important evidence for use at trial.

Protecting Your Claim: Recommended Practices for Digital Communication

To protect the integrity of your personal injury claim, you must be mindful of your digital presence from the moment the accident occurs.

The “Post-Accident Digital Blackout”: The most cautious approach is to avoid posting on social media until your case has been resolved. If you must stay active, avoid any mention of the accident, your injuries, or your physical activities.
Privacy Settings Are Not a Shield: Do not rely on privacy settings for protection. South Carolina courts may order the production of private social media content if it is deemed relevant and proportional under discovery rules.
The Danger of “Spoliation of Evidence”: Do not delete or alter old posts, messages, or photos after an accident if you anticipate a legal claim. Deleting evidence—even if you think it is irrelevant—can lead to “spoliation” sanctions. This may result in the court instructing the jury to assume the deleted evidence was harmful to your case (an adverse inference) or even the dismissal of your claim.

Why You Need a Trial-Ready Attorney to Manage Digital Evidence

Managing digital evidence involves more than just reading a text message. It requires the technical knowledge to authenticate the data under Rule 901 and the legal skill to present it effectively to a jury.

At Crantford Meehan, our background with the Trial Lawyers College gives us an understanding of how to tell our clients’ stories. We challenge digital evidence when the other side obtained it improperly. We also use technology to prove what happened. Our team stays available 24 hours a day. We work on a contingency fee basis. You owe no attorney’s fees unless we recover compensation. We provide strong and responsive representation.

Frequently Asked Questions

Can the insurance company see my private Facebook posts?

Potentially. Courts can allow access if the content is relevant to your case. During the discovery phase of a lawsuit, the defense can request access to your social media history. If a judge deems the content relevant to your injuries or the accident, the court may require you to provide it.

Should I delete a post if I think it looks bad for my case?

No, deleting digital content after an accident can be viewed as spoliation. This can lead to severe legal penalties, including the dismissal of your case or a “negative inference” instruction to the jury.

How do you get the other driver’s phone records?

We obtain these records through subpoenas served on the cellular service provider. Our legal team typically handles this process during the formal discovery phase of litigation.

Can my text messages be used against me even if they aren’t about the accident?

Potentially. If your messages discuss your health, activities, or state of mind, the defense may challenge your credibility. The defense may also dispute the extent of your damages.

What if a friend tags me in a photo?

Insurance companies also scrutinize third-party posts. If a friend tags you in a photo that contradicts your injury claims, the insurance company will find it. It is helpful to ask friends and family not to post photos of you while your case is pending.

South Carolina does not have one law that governs social media. Instead, courts apply the Rules of Evidence when they decide if they can admit digital content. Courts often rely on Rule 401 for relevance and Rule 901 for authentication.