Social media has become how we document our lives. Facebook, Instagram, TikTok, and other platforms are our modern-day scrapbooks, the way we stay connected with friends and family, and often where we go to vent when we’re frustrated.
But if you’ve been injured in an accident and are pursuing a personal injury claim, social media can become one of the biggest threats to your case. At Inzina Law, we’ve seen how seemingly innocent posts have been used to devastate our clients’ claims, and we want you to understand the risks.
Why Insurance Companies Love Social Media
For insurance companies and defense attorneys, your social media accounts are a treasure trove of information. They often hire investigators specifically to conduct what’s called a “social media sweep,” combing through your Facebook, Instagram, TikTok, and any other platforms they can access.
They’re looking for anything they can use against you: what you’ve said about your injuries, what you’ve said about the crash, and photos that might contradict your claims about how the accident has affected your life.
The Problem with “Innocent” Posts
You might think, “I’ll just be careful about what I post.” But here’s the thing: even totally innocent content can be twisted and used against you.
A photo of you at a family event, smiling for the camera, can create the appearance that you’re fine, that you have no injuries. You know the truth: that you were in pain that day, that you put on a brave face for your family, that the photo captured a split second and not how you actually felt. But to an insurance adjuster or a jury looking at that picture, it tells a different story.
The Urge to Vent Can Cost You
After an accident, especially one caused by someone else’s carelessness, it’s natural to want to rant about what happened. We see it all the time: people posting about how careless the other driver was, how they can’t believe someone would run a red light, how irresponsible it is to text while driving.
Defense lawyers dream about finding posts like this. They’ll comb through everything you’ve written, looking for anything inconsistent with something else you’ve said. They might even go back years in your social media history to try to discredit you.
Private Accounts Aren’t as Safe as You Think
You might think setting your accounts to private will protect you. Unfortunately, that’s not always the case.
We now commonly see defense attorneys file motions demanding that our clients produce their entire social media account, essentially downloading all of it for the insurance company to review. Some courts grant these requests, some don’t. But even if your settings are private, that content could still be discoverable in litigation.
The bottom line: if it’s out there, you need to be very careful, because it could come back to haunt you.
Watch Out for Tags
You might be very disciplined about staying off social media during your case. But what about your friends and family? We all have that friend who’s “tag happy,” tagging everyone at every event, posting group photos constantly.
Even if you’re not actively posting, someone else tagging you in a photo or post could create the same problems. The image might not show you doing anything outrageous, but the way it looks to an insurance company trying to discredit you might be exactly what they need.
Our advice: Make your settings private, and also remove the ability for other people to tag you. This gives you control over what appears on your profile during your case.
Do NOT Delete Old Posts
This is critical: If you’re reading this and you’ve recently been in a crash, do not go back and start deleting items from your social media.
When you delete posts after an accident, the defense will argue that you’re destroying evidence. This will become a major issue if your case goes to litigation, and it can seriously damage your credibility with a jury.
The horse has already left the barn on anything you’ve posted before. Focus on what you can control going forward.
Best Practices for Social Media During Your Case
Stay off social media as much as possible. You’re not going to go wrong by avoiding it altogether. We know that might feel extreme, but it eliminates the risk.
Set your accounts to private. It’s not perfect protection, but it’s better than having everything public.
Remove tagging permissions. Don’t let others put content on your profile that could be used against you.
Don’t post about your accident, injuries, or case. Nothing good can come from discussing your legal situation on social media.
Don’t delete anything. Leave existing posts alone to avoid accusations of destroying evidence.
Protect Your Claim with Experienced Legal Help
At Inzina Law, we guide our clients through every aspect of their personal injury case, including how to handle social media. We understand the tactics insurance companies use, and we work to protect you from making mistakes that could hurt your claim.
If you’ve been injured in Louisiana and have questions about your case, contact us today at 337-243-1237 for a free, confidential consultation.