How Social Media Can Hurt Your Personal Injury Case

What You Post Online Can Be Used Against You

In the age of social media, one of the first things insurance companies and defense attorneys do after an accident is search your online profiles. Facebook posts, Instagram photos, TikTok videos, and even Strava running data can be used as evidence to undermine your personal injury claim. At Smilove & Rosenblum, we have seen countless claims damaged by innocent-seeming social media activity.

How Insurance Companies Monitor Your Social Media

Insurance companies employ investigators and specialized software to scour the internet for information about claimants. They check your public profiles on Facebook, Instagram, Twitter/X, TikTok, LinkedIn, and other platforms. They may also monitor profiles of your friends and family members for photos or posts that mention you. In some cases, defense attorneys may subpoena your private social media content during litigation.

Common Ways Social Media Damages Claims

Photos showing physical activity — You claim you cannot lift your arms above your head, but there is an Instagram photo of you at a concert with your hands in the air. Even if you were in pain at the moment or the photo was from before the accident, the insurance company will use it.

Check-ins and location data — You told your doctor you have been homebound due to pain, but your Facebook shows you checked in at a restaurant, a movie theater, or a friend’s house. The insurer will argue your injuries are not as limiting as you claim.

“I’m doing great!” posts — A cheerful status update or a “feeling blessed” post can be taken out of context to suggest you are not actually suffering.

Discussions about the accident — Any posts about the accident, the other driver, your injuries, or your lawsuit can be used against you. Venting about the accident online can be interpreted as inconsistent with your formal statements.

Best Practices During Your Case

Set all social media accounts to the highest privacy settings immediately after your accident. Do not post anything about the accident, your injuries, your treatment, or your case. Avoid posting photos or videos of yourself engaged in any physical activity. Do not accept friend requests from people you do not know — they could be investigators. Ask friends and family not to tag you in posts or photos. Do not delete old posts — this can be considered spoliation of evidence and result in sanctions.

The Bottom Line

The safest approach is to stay off social media entirely while your case is pending. If you have questions about what is safe to post, ask your attorney. Contact Smilove & Rosenblum at (800) 300-3226 for guidance on protecting your claim.

Related Resources

• Practice Area: Car Accident Claims
• Practice Area: Slip and Fall Injury Claims
• Dealing with Insurance Adjusters After a Car Accident
• Why You Should Never Accept the First Settlement Offer