Skip to content
Insurance adjusters and defense attorneys review accident victims’ social media posts for content that may affect a claim. Private or deleted content may be discoverable after a lawsuit begins through subpoenas or discovery requests.
Social media activity can jeopardize a personal injury claim if an insurer argues that a post conflicts with the injuries or limitations alleged. An innocent photo or comment may be taken out of context and used to question credibility or the severity of the condition.
To reduce this risk, limit what you post and avoid discussing the accident, your injuries, or your case online. An attorney can help preserve evidence and prevent mistakes that could harm your claim.
NST Law has recovered billions for clients, and we prepare every case to be trial-ready. Contact us online or call 800-529-4004 for a free consultation.
Table Of Contents
- Can Insurance Adjusters Actually Look at My Social Media?
- Can They Get to My Private or Deleted Posts?
- Which Kinds of Posts Tend to Damage a Claim?
- How Can Social Media Become Evidence in a Case?
- What Should I Do With My Social Media After an Accident?
- How Does an Attorney Keep Social Media From Sinking Your Claim?
- Contact Our Personal Injury Lawyers For A Free Consultation
Can Insurance Adjusters Actually Look at My Social Media?
Under Tenn. R. Civ. P. 26.02, parties in a case can obtain discovery regarding relevant, nonprivileged information. This can include digital and social media content if it’s relevant to the claim. Some of the different things that insurers often look for on social media posts include:
- Pictures that appear to show you being active after the accident
- Check-ins at restaurants, gyms, vacations, or events
- Tagged photos or videos posted by friends or family
- Comments about how you feel or what you are doing
- Posts that seem to show any kind of inconsistency with your reported injuries
- Any activities you’re doing that could be used to show that you are not as limited as you claim
You want to avoid posting too much on social media for the same reason you don’t usually want to give a recorded statement to an insurance company. Insurance companies are skilled at looking for reasons not to pay you, and you don’t want to give them any ammunition.
Can They Get to My Private or Deleted Posts?
Understanding social media rules is important because deleting online content after an accident may create legal problems. Once you reasonably anticipate a claim or lawsuit, you may have a duty to preserve electronically stored information, including posts, photos, videos, and messages.
Deleting or altering relevant content can be treated as spoliation of evidence. Under Federal Rule of Civil Procedure 37(e), a federal court may impose measures when electronically stored information that should have been preserved is lost because a party failed to take reasonable steps to preserve it. Depending on the circumstances, consequences may include limits on evidence, an adverse-inference instruction or, in serious cases, dismissal of claims or defenses.
Do not delete or change social media content without legal advice. Privacy settings do not guarantee confidentiality. Friends may share posts, screenshots may circulate, and content may be obtained through discovery. Preserve your accounts and speak with an attorney.
Which Kinds of Posts Tend to Damage a Claim?
Many types of social media content may be used to argue that your injuries are less serious than claimed. Potentially harmful posts include:
- Photos or videos showing physical activity, such as exercising, hiking, playing sports, lifting objects, or completing home projects
- Vacation posts showing sightseeing, swimming, long walks, or other demanding activities
- Photos from weddings,parties, concerts, festivals, or nights out
- Statements that you are “feeling great,” “back to normal,” or “fine,” even if you were trying to reassure others
- Location check-ins that suggest a higher activity level than your medical records describe
- Content posted or tagged by friends and family showing you at events or participating in activities
- Comments about the accident, fault, injuries, or settlement discussions
Photos, videos, and comments can be taken out of context. Insurers may use isolated posts to challenge your credibility or create a misleading picture of your recovery and daily limitations.
How Can Social Media Become Evidence in a Case?
So, can an insurance company use social media against you? Yes. Here is how it commonly happens:
- The insurer finds the content: Adjusters or investigators may review public profiles, save screenshots, and monitor for new posts while a claim is pending.
- The insurer argues the content is relevant: During litigation, social media may be discoverable if it could lead to evidence about injuries, physical abilities, emotional distress, credibility, or damages.
- The post is authenticated: Before content can be admitted at trial, the party offering it generally must show that it is what it claims to be through testimony, account information, metadata, or other evidence.
- The post is used in negotiations or at trial: Even if it is not admitted, the content may still affect settlement discussions. If authenticated and otherwise admissible, it may be used to challenge claimed limitations, question credibility, or argue that injuries are less severe than alleged.
What Should I Do With My Social Media After an Accident?
If you don’t want social media to affect your injury claim, you should pause posting in the aftermath of an injury. Remember, deleting social media after an accident isn’t allowed, but nothing is compelling you to make posts in the first place. You should:
- Stop putting information on social media sites during your injury claim.
- Tighten privacy settings to limit who can see your content, but don’t assume those settings alone will protect you, as the posts could still be discoverable or shared by others.
- Leave your existing content alone so you don’t get into trouble for deleting information.
- Ask friends not to tag you or check in during your case, so their posts aren’t used against you.
Don’t ever mention anything about your case on social media, and be sure that you route any questions to your attorney. Taking this step can be key to maximizing your personal injury settlement.
NST Law will also help you navigate insurance companies’ attempts to use your posts against you.
How Does an Attorney Keep Social Media From Sinking Your Claim?
We have over 35 years of experience at NST Law, and we understand how social media activity can affect a personal injury claim. Our team can advise you on steps to protect your case and avoid online activity that could be used against you.
This can include working with you to set ground rules for what you won’t post, pushing back on discovery demands from the defendant that are overly broad, and challenging posts the defense presents that are taken out of context and paint a false picture.
We also go beyond just preventing you from making social media mistakes and work hard to gather evidence needed to prove your injuries, such as medical records, expert witness testimony, and more. Our testimonials, along with the large verdicts and settlements we’ve helped clients recover, show that we know how to build strong cases.
Contact Our Personal Injury Lawyers For A Free Consultation
NST Law is available 24/7, and we can also come to you when needed. We will guide you at every step after your accident to help you avoid mistakes and move your case forward. This includes working with you to ensure that social media doesn’t undermine your efforts for justice. We don’t charge legal fees unless we win. We are passionate about our clients and the communities we serve. Contact us today for a free consultation, or call us at 800-529-4004 anytime.
