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Can Social Media Be Used Against You in a Car Accident Lawsuit?


What you post to social media might end up telling a different story than what you want.

Yes. Social media is pretty much everywhere these days. It’s rare to find someone who isn’t active at least on one of these platforms – almost 80% of Americans have a public profile on one of them. There is a possibility that social media could be used against you in a car accident lawsuit. There was a time when what you said could and would be used against you in a court of law. In the new age of social media, courts have ruled that what you post on your social media for all to see is also admissible in court. Courts around Missouri are allowing social media to play a huge part in how car accident lawsuits are played out and the evidence that is allowed to be brought up at trial – or even in the pre-trial phase.

accident victim on social media

Don’t Post Any Information About Your Accident on Social Media

It may seem tempting to post all the details of your car accident, including pictures and statements about what happened, but be careful. Insurance companies are known to “scroll” through these profiles to find something to hold against you. All it takes is one tiny admission of guilt, and you can end up with a print screen of your post added into evidence. Social media posts can be used against you if your case should go to trial. Even If you say something that can seem pretty insignificant following the accident, it can come back to bite you. It is best to avoid discussing details about the accident or how you felt afterward.

It Can Decrease What You Are Entitled To

If you sustain injuries from a car accident but post pictures of yourself or even an explanation of your weekend plans that don’t jibe with the severity of injuries you’re claiming, that can be used by the insurance company to downplay your injuries or even to say that you didn’t have any. Immediately following an accident, don’t talk about what you are doing or what your activities include. If it even seems like you are engaging in activities that don’t match up with the injuries you are claiming you have, you can severely jeopardize your case.

Don’t Give Any Real Evidence

Your bruises might look awful and the car that you were in might seem really bad if it’s totaled. But there are times when those photos taken immediately following an accident will do more harm than good. If you put any video or photos on social media, you had better know that the insurance company is going to pick them apart and analyze every part of them to find the missing link that might take you down. Even if you think you are providing proof of how badly you were hurt or of your innocence, you just never know. It is best to keep between you and an attorney.

We live in an age where most people want to announce everything that happens. The problem is that what you post to social media might end up telling a different story than what you want. Before you put anything up for the world to investigate – or even worse, the insurance company – it is best to go media silent until your case is resolved and you can either accept a settlement offer or you can win in court. You can’t plead your case in social media circles – all you can do is risk it all circling back to hurt you.

The Hoffmann Law Firm, L.L.C.

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Updated: March 25, 2024