Why posting on social media after a car accident is a bad idea

Social media has become a part of everyday life, but it can have serious consequences if used carelessly after a car accident. Sharing photos, updates, or even expressing frustration about the incident online might seem harmless, but it can negatively impact your personal injury claim. This is especially true in Illinois, where insurance companies and defense attorneys often scrutinize accident victims’ social media activity to minimize or deny claims.

At Horwitz, Horwitz & Associates, we’ve seen how social media can inadvertently harm clients’ cases. Below, our Chicago car accident attorneys explain why posting on social media after a car accident is risky, how it can affect your claim, and what steps you should take to protect your rights.

Why posting on social media after a car accident can hurt your case

Anything you post online after an accident can be used against you. Insurance companies and defense attorneys often search for evidence on social media to undermine your claims. Here’s how your online activity can work against you:

1. Contradicting your injury claims

If you claim serious injuries but post photos or updates that suggest you’re engaging in normal or physical activities, the opposing side may argue that your injuries aren’t as severe as you claim. For instance:

  • Posting a picture at a family event might be interpreted as proof you’re not in pain.
  • Sharing updates about workouts or hobbies can undermine claims of physical limitations.

2. Creating doubt about liability

Statements you make online about the accident, even casual or speculative ones, can be used to shift blame. For example:

  • A post saying, “I didn’t see the other car coming” could be used to argue partial fault.
  • Apologizing online for the accident might be interpreted as an admission of guilt.

3. Misinterpretation of posts

Even innocent posts can be taken out of context. For instance:

  • Posting “Feeling better today!” may suggest you’ve fully recovered, even if your condition is still ongoing.
  • Sharing unrelated pictures of physical activity could be used to discredit your claim.

How Illinois law affects social media evidence

Illinois law allows social media activity to be used as evidence in legal proceedings, including personal injury cases. Under Illinois Rules of Evidence 401 and 402, any information that is relevant to the case may be admissible. If your social media activity contradicts your claims or casts doubt on your credibility, it can significantly impact the outcome of your case.

Additionally, Illinois follows a comparative negligence rule, which means that your compensation may be reduced if you are found partially at fault for the accident. Social media posts that suggest you were distracted or contributed to the crash could reduce your settlement.

Steps to protect your personal injury claim

To protect your claim and avoid jeopardizing your case, take the following precautions regarding social media:

Avoid posting about the accident

Do not share details about the accident, your injuries, or the claims process. Even seemingly harmless statements can be used against you.

Set your accounts to private

While privacy settings won’t make your accounts completely inaccessible, they can limit the visibility of your posts. However, be aware that courts may still grant access to your private posts if they are deemed relevant.

Limit social media activity

It’s best to avoid posting altogether while your case is active. Even unrelated content could be misinterpreted.

Monitor friends’ and family members’ posts

Ask friends and family not to tag you in photos or mention you in posts about the accident. Their posts can also be scrutinized.

Consult with your attorney

Share any concerns about your social media activity with your attorney. At Horwitz, Horwitz & Associates, we can provide guidance on how to protect your claim.

How Horwitz, Horwitz & Associates can help

Navigating a personal injury claim after a car accident is challenging, especially when social media adds an extra layer of complexity. At Horwitz, Horwitz & Associates, we have extensive experience helping Illinois residents protect their rights and maximize their compensation.

Our team will:

  • Investigate the accident and gather evidence to support your claim.
  • Advise you on how to handle social media and other potential risks.
  • Negotiate with insurance companies to ensure fair compensation.
  • Represent you in court if necessary.

If you’ve been injured in a car accident, let Horwitz, Horwitz & Associates handle your case while you focus on recovery. Contact us at (800) 985-1819 or complete our online form to schedule a free consultation. We’re here to fight for the compensation you deserve.