If you’ve been injured in an accident, you might not realize that your social media activity could impact your personal injury claim.
The short answer is yes, insurance companies absolutely monitor social media profiles when investigating claims, and what you post online can significantly affect the compensation you receive.
We understand how stressful recovering from an accident can be. While you focus on your physical, mental, and emotional recovery, insurance companies are often working to find ways to minimize what they pay you.
At GB Law, we’ve spent decades protecting Ohioans’ rights, and we want you to understand how insurance companies use social media and what you can do to protect your claim.
How Insurance Companies Monitor Your Social Media
Insurers and their legal teams regularly review public profiles on Facebook, Instagram, Twitter, TikTok, LinkedIn, and other platforms. Insurance companies often look through social media to gather evidence that might contradict details about your injury claims or suggest your injuries are not as severe as you’ve stated.
Here’s what they’re looking for:
- Photos or videos showing injury victims engaging in physical activities that contradict claimed injuries
- Check-ins at gyms, sporting events, or vacation destinations
- Comments about your accident or injuries
- Posts showing you at social gatherings or events
- Status updates that might suggest you’re feeling better than claimed
- Photos with timestamps that could create timeline inconsistencies
You don’t need to be “friends” with an adjuster for them to see your content. Insurance companies use various methods to access information, including reviewing public profiles, using third-party investigators, and even requesting social media content during the legal discovery process.
Real Examples of How Insurance Companies Use Social Media Posts to Hurt Your Case
We’ve seen numerous cases where social media posts have damaged otherwise legitimate claims. A person claiming a severe back injury might post vacation photos showing them lifting luggage or playing with their children. Someone reporting depression and emotional trauma after an accident might share cheerful photos at a party.
Insurance companies take these posts out of context. A single photo from a good day doesn’t show the full picture of your recovery journey, but insurance companies may use it to argue that your injuries aren’t as severe as you claim.
In one case, a claimant stated they couldn’t work due to their injuries, but their LinkedIn profile showed they had updated their employment status. In another, a person claiming difficulty walking posted a video of themselves dancing at a wedding. These posts led to significantly reduced settlements.
What You Should Avoid Posting on Social Media During Your Personal Injury Claim
While you’re pursuing a personal injury claim, follow these important guidelines:
- Don’t post about your accident or injuries. This includes details about how the accident happened, how you’re feeling, or updates on your recovery. Even innocent comments can be misinterpreted.
- Avoid posting photos or videos of physical activities. Even if you’re following your doctor’s recommended exercises or having a rare good day, insurance companies can use these images against you.
- Don’t discuss your case or settlement. Never post about ongoing legal proceedings, settlement negotiations, or anything related to your case.
- Skip the vacation and social event posts. If you do travel or attend events during your recovery, resist the urge to post about it. Insurance companies will argue that if you can travel, your injuries must not be that serious.
- Don’t accept new friend requests from people you don’t know. Insurance investigators sometimes create fake profiles to gain access to private accounts.
- Avoid “checking in” at locations. Location tags can contradict statements about your limitations or activities.
Should You Delete Social Media During a Personal Injury Case?
You might be tempted to delete your social media accounts entirely, but this isn’t always the best approach. In fact, deleting posts or accounts after an accident can hurt your case.
Courts and insurance companies may view the deletion of social media content as destroying evidence, which can have serious legal consequences. If you delete posts and the insurance company learns about it, they may argue you’re hiding information that would weaken your claim.
Instead of deleting accounts, the better approach is to:
- Set all accounts to private
- Review your privacy settings on all platforms
- Stop posting new content related to your accident, injuries, or activities
- Don’t delete existing posts without consulting your attorney first
- Be cautious about what you post, even on private accounts
Remember, even private accounts aren’t completely safe. Content can be accessed through legal channels during your case.
Can Insurance Companies Access Private Social Media Accounts?
While insurance companies can’t hack into your private accounts, they have legal ways to access private content. During the discovery phase of a lawsuit, the at-fault party’s attorney can request access to your social media accounts if they believe relevant information exists.
Courts in Ohio have ruled that social media content may be discoverable if it’s relevant to the case. This means you may be required to provide access to private posts, messages, or photos that relate to your injuries or activities.
Additionally, insurance adjusters sometimes hire private investigators who may:
- Screenshot public posts before you make your account private
- Monitor public interactions you have on others’ pages
- Look for tagged photos posted by friends or family members
- Review comments you leave on public posts
Your friends’ and family members’ social media can also be scrutinized. If someone tags you in a photo or post, it could potentially be used in your case, even if you didn’t post it yourself.
What Your Family and Friends Need to Know
It’s important to let your family and friends know about your personal injury claim and ask them to be mindful of their social media activity, too.
Ask them to:
- Avoid posting photos or videos that include you
- Not tag you in posts during your claim
- Refrain from commenting about your accident or injuries
- Be cautious about discussing your case online
Even well-meaning posts from loved ones like “Glad you’re feeling better!” or “Great to see you out and about!” can be taken out of context by insurance companies.
How GB Law’s Personal Injury Attorneys Can Help Protect Your Rights
Our law firm has successfully represented injured Ohioans for more than 30 years. We understand the tactics insurance companies use, including how they monitor and use social media against claimants.
When you work with us, we’ll guide you through every aspect of your case, including:
- Social media guidance. We’ll provide specific advice about managing your social media presence during your claim.
- Thorough investigation. We’ll conduct our own comprehensive investigation of your accident and injuries, gathering evidence that supports your claim.
- Insurance company negotiations. We handle all communications with insurance companies, protecting you from tactics designed to reduce your compensation.
- Complete documentation. We’ll work with your medical providers to fully document your injuries, treatment, and recovery process.
Let us handle the legal complexity while you focus on getting better. Our team works on a contingency fee basis, which means we won’t take a penny unless you accept a settlement or win a verdict.
Contact us for a free consultation.
Additional Steps to Protect Your Personal Injury Claim
Beyond managing your social media presence, there are other important steps to protect your claim:
- Document everything. Keep detailed records of your injuries, medical appointments, expenses, and how your injuries impact your daily life. Write things down rather than posting them online.
- Follow your doctor’s orders. Attend all appointments, follow treatment recommendations, and keep records of everything. Gaps in treatment can be used against you.
- Be honest with your attorney. Tell your personal injury lawyer about any social media posts or online activity that might be relevant to your case. We need to know what’s out there so we can address it proactively.
- Be careful what you say. Even in-person conversations can be problematic. Avoid discussing your case in public places or with anyone other than your attorney.
Frequently Asked Questions
What if I already posted something that could hurt my case?
Don’t panic, and don’t delete anything. Contact an experienced personal injury attorney immediately. The lawyers at GB Law can help you understand the potential impact and develop a strategy to address it. Deleting posts now could make things worse by appearing as if you’re destroying evidence.
Can insurance companies see my direct messages?
While they can’t access your private messages without legal authorization, these messages can be requested during the discovery process if the case goes to court. Assume that the insurance company can see anything you write online.
How long do I need to be careful about posting on social media after an injury?
You should be cautious about your social media activity throughout your entire claim, from the accident until your case is completely settled. Even after settlement, it’s wise to be mindful of what you post, as it could affect other matters.
What if someone else posts a photo of me without my permission?
You can’t always control what others post, but you can ask them to remove it or untag you. Let your attorney know about these situations so they can be addressed if necessary.
Contact a Personal Injury Lawyer Today
If you’ve been injured in an accident in Columbus or anywhere in Ohio, don’t let insurance company tactics reduce the compensation you deserve.
The skilled personal injury attorneys at GB Law know how to build strong cases and protect our clients from insurance company strategies, including social media monitoring.
We offer free consultations to discuss your case and answer your questions. There’s no risk in reaching out to us, and we work on a contingency fee basis, which means you pay nothing unless we successfully settle your case.
Call us today at 614-222-4444 to get started on your personal injury claim. We’re here to help you navigate this difficult time and fight for the compensation you need to move forward with your recovery.
Don’t wait to protect your rights. The sooner you contact us, the sooner we can help you avoid costly mistakes that could impact your claim.