Motorcycle accidents can shatter life in various ways, some of which have been addressed on this blog. If you were hit by a car or injured while riding your motorcycle, there are other issues you may want to consider beyond the injuries and financial problems you may be struggling with. For example, you may want to watch what you say online, especially if you plan on filing a claim with your insurance company or taking legal action.
Our Santa Ana motorcycle accident attorneys realize that many people feel as if they need a sense of support after a crash, which is why some share their story on social media. Unfortunately, certain types of information can be used as evidence against someone. Insurance companies and opposing legal teams routinely search public and semi-private social media accounts for anything that could weaken a claim.
What Kind of Posts Can Hurt Your Case?
From video posts to short messages and photo albums, there are many ways to share information with others on the internet, and just as many ways that information can be misused. Posts that discuss the accident itself, describe your injuries, or speculate about who was at fault can be taken out of context and used to argue that your injuries are less severe than you have claimed, or that you shared some responsibility for the crash.
Even posts that seem unrelated to the accident can create problems. Photos showing you at a social gathering, playing a sport, or simply looking happy and active can be used to suggest your injuries have not affected your quality of life the way your claim describes, even when the photo does not reflect how you actually felt that day or what happened afterward.
Why Insurance Companies and Opposing Counsel Look at Social Media
Insurance claims adjusters and defense attorneys have a financial incentive to minimize what they pay out on a claim. Reviewing a claimant’s public social media activity is a low-cost way to find statements or images that can be used to dispute the extent of injuries or shift blame for the accident. Even posts made by friends or family members that tag you can sometimes surface in this kind of review.
Practical Steps to Protect Your Claim
Consider the following while your motorcycle accident claim is active:
- Avoid posting about the accident entirely, including details about the crash, your injuries, or who you believe was at fault.
- Review your privacy settings, understanding that even private accounts can sometimes be accessed through legal discovery requests.
- Ask friends and family not to tag you in posts or photos while your claim is pending.
- Direct questions to your attorney rather than answering them yourself online, including in comment sections or private messages.
Motorcycle accidents can be mentally, physically, and financially draining, which is why victims should pursue any resources that can help them. Over on the part of our site that covers our case results, you can see examples of how our firm has approached serious injury claims for our clients.
Speak With a Santa Ana Motorcycle Accident Attorney
If you have been injured in a motorcycle accident, the safest approach is to limit what you share online and let your attorney manage communication about your case. Our team can review your situation and help you understand what to expect as your claim moves forward. Contact Callahan & Blaine today to discuss your motorcycle accident case with our experienced legal team.
Frequently Asked Questions About Social Media and Injury Claims
Can a private social media account still be used against me?
Yes. Even accounts set to private can sometimes be accessed through formal legal discovery requests during litigation, so privacy settings alone do not fully protect you.
Should I delete posts I made before I hired an attorney?
Talk to your attorney before deleting anything. Deleting evidence after a claim has begun can sometimes create separate legal problems, so it is best to get specific guidance for your situation rather than acting on your own.
Can photos unrelated to the accident hurt my claim?
Yes. Photos showing you active or social can be used to argue your injuries have not affected your life as significantly as you have claimed, even if the photo does not reflect the full picture of your recovery.
What should I do if someone tags me in a post about the accident?
Ask the person to remove the tag or the post, and let your attorney know it happened. It is better to address this quickly rather than let it remain visible while your claim is active.
Is it safe to discuss my case in a private message with friends?
It is safer to avoid discussing case details in any written form, including private messages, since messages can sometimes be shared, screenshotted, or obtained through discovery during litigation.
