If you are the victim of a careless driver and suffered injuries, it can be difficult to know where to turn and what to do. You may not realize it yet, but your actions after a wreck could influence the amount of money you get in compensation from the other side. Read on to learn more about just one of the ways that accident victims harm their own personal injury cases – by using social media.
No Such Thing as Privacy
If you assume or believe that your privacy settings prevent others from viewing your posts on social media platforms like Twitter, Facebook, Instagram, and others, you are in for a surprise. The other side may stop at nothing to avoid having to pay you a settlement. They can, and will, use your social media posts to harm your case in several ways. If you intend to take legal action against the other driver or if fault is in dispute, your postings could be subject to a subpoena. Unfortunately, some victims make it even easier for the other side by posting about the accident and not caring who sees it. Using social media to this end might have several problematic results.
Why Harmful Posts Matter
You must look at your case from the other side to appreciate how harmful social media posts can be. No matter how sure you are that the other driver is at fault, the other side will attempt to cast doubt on the way the accident happened so that both drivers are seen to have been at fault. When they are successful, the insurance company for the other side is responsible for paying a reduced damage award. Additionally, if you are trying to collect for your pain and suffering, the other side will need to show that the accident did not affect you as badly as you are claiming in your demand letter and court documents.
Here are a few examples of social media use that could negatively affect your monetary damages award:
- You brag about the nice vacation you are taking after you are awarded a settlement or judgment even though you claim to be too hurt and depressed to do anything.
- Even though you claim to be severely injured, you assure your "friends" on Facebook that the accident was no big deal.
- You give others on social media a summary of how the accident happened and it's clearly at odds with your previous statements to law enforcement or to the adjuster.
As you can see, postings on social media could cause more harm than good. Speak to a personal injury professional such as David Helfand PA to learn more.