In the immediate aftermath of a Summerville car accident, you likely focus on your physical recovery and vehicle repairs. However, in the digital age, your social media activity significantly influences the outcome of your personal injury claim. While you may feel a natural instinct to share updates with friends and family, insurance companies use your online posts as evidence to undermine your case.
At Crantford Meehan, our legal team is well-versed in the local landscape of Summerville car accident cases. Our attorneys, including Jerry A. Meehan, Jr. and William C. Crantford, have seen firsthand how digital footprints impact legal claims. Protecting your rights requires treating your online presence with the same care you give your medical treatment.
Why Your Social Media Activity Matters After a Summerville Car Accident
Insurance adjusters and defense attorneys investigate every aspect of a claimant’s life. This investigation frequently includes monitoring your Facebook, Instagram, X (formerly Twitter), and TikTok profiles. They look for any information that contradicts your claims of injury or financial loss.
Even a seemingly innocent post carries risks when taken out of context. For example, a photo of you smiling at a family dinner allows the defense to argue that you do not experience the “pain and suffering” or “loss of enjoyment of life” described in your claim. By understanding how adjusters scrutinize these digital footprints, you can better protect the integrity of your case.
Common Social Media Mistakes That Can Ruin Your Injury Claim
Avoiding specific online behaviors remains important for anyone pursuing a personal injury claim in South Carolina.
Posting Details or Opinions About the Accident
One common mistake involves discussing the mechanics of the crash or expressing opinions about who is at fault. Defense teams compare your online statements to your official reports to the police or insurance companies. Even minor inconsistencies allow the defense to challenge your credibility. Avoid discussing the accident entirely on any public or private platform.
Sharing Photos or Videos of Your Daily Activities
If you claim a serious physical injury, such as a neck injury or back strain, posting photos of physical activity causes damage to your case. Even if the photo captures a “good day” or shows a limited range of motion, an insurance adjuster presents it as proof that your injuries lack the severity you claim. Furthermore, “checking in” to locations like gyms, parks, or social venues suggests a level of physical capability that contradicts your medical records.
Accepting New Friend Requests or Messages from Strangers
Insurance investigators sometimes use “catfishing” tactics to gain access to private social media profiles. They send friend requests from fake accounts to view your private posts, photos, and friend list. To protect yourself, decline all new friend requests from individuals you do not know personally while your case remains active.
Allowing Friends and Family to Tag You in Posts
Your own posts are not the only ones that matter. If a friend tags you in a photo or mentions you in a post, that information becomes discoverable. Insurance companies monitor the profiles of your close associates to find information about your activities and recovery. Ask your friends and family to refrain from tagging you or discussing your accident online.
How Social Media Evidence Impacts Your Case
Social media mistakes lead to serious and long-lasting consequences:
- Credibility Issues: If a single photo or comment contradicts your medical records or testimony, the defense calls your entire case into question.
- Admissions of Fault: A casual apology or a comment like “I didn’t see them coming” acts as a legal admission of fault, even if you did not cause the accident.
- Damages Reduction: Defense attorneys use social media to argue for a reduction in damages. If they show you still enjoy life or participate in social events, they argue that your “pain and suffering” remains minimal.
Steps to Protect Your Digital Footprint and Your Claim
To safeguard your personal injury claim, implement these strategies:
- Implement a Social Media Blackout: The safest course of action involves stopping all posting until you resolve your case.
- Adjust Privacy Settings: While privacy settings help, they do not provide a total shield. In South Carolina, courts can order the disclosure of private social media content if it relates to the case under the South Carolina Rules of Civil Procedure.
- Consult Your Lawyer: Before you share anything related to your health or the accident, speak with a Summerville car accident lawyer.
How Crantford Meehan Helps Summerville Accident Victims
Crantford Meehan maintains deep roots in the Summerville community, with a local office at 136 W Richardson Ave. Our attorneys handle the details of modern evidence, including digital data.
Our track record includes a $1 million settlement for clients involved in an 18-wheeler collision near Summerville. We use our trial advocacy skills to work toward a fair outcome and prevent the defense from unfairly using your digital footprint against you.
Frequently Asked Questions About Social Media and Car Accident Claims
Can the insurance company see my private posts?
Yes. Through the legal process of discovery, insurance companies can ask the court to order the production of relevant private posts if they show the information relates to the claim.
Should I delete my social media accounts after an accident?
No. Deleting accounts or specific posts after an accident may be treated as ‘spoliation of evidence’ and can lead to serious legal penalties and damage your case. Instead, simply stop posting.
What if I already posted something about the crash?
Stop posting immediately and consult with your attorney. They advise you on how to handle the existing post without violating evidence rules.
Can my friends’ posts affect my case?
Yes. Insurance adjusters often use third-party tags and photos to track a claimant’s activity.
Is it okay to message the other driver on social media?
No. Any direct communication with the other driver provides evidence that the defense can use against you. All communication should go through your legal representation.
Contact a Summerville Car Accident Attorney Today
If you suffered an injury in a car accident, do not let a social media mistake jeopardize your recovery. Crantford Meehan works on a contingency fee basis, meaning you pay nothing unless we win your personal injury case. Contact us today online or call (843) 832-1120 for a free case review. We would also be more than happy to consult with you in person at our Summerville office at 136 W Richardson Ave.
