After an accident, it is natural to want to let people know what happened. Friends and family want updates, and a quick post feels like the easiest way to answer everyone at once.
The problem is that everyone includes the insurance company. What gets posted after an injury can end up as evidence, and it rarely helps the person who posted it.
Insurance companies look, and they look early
Adjusters and defense attorneys routinely check the social media accounts of people making injury claims. They are not looking for the whole story. They are looking for one photo or one comment that suggests the injury is not as serious as claimed.
A picture from a family cookout can be framed as proof that someone is doing fine, even if they sat in a chair the entire afternoon and paid for it the next day. A post saying "I'm okay, just shaken up" on the day of a crash can be used to question injuries that showed up days later.
The context behind a post rarely makes it into the claim file, but the post itself does.
What kinds of posts cause problems
Some posts are obvious risks, but many are not. The ones that come up most often include:
Photos or videos of physical activity, travel, or nights out
Comments about the accident itself, including who was at fault
Updates about how you are feeling, whether positive or negative
Check-ins that show where you were and when
Posts from friends who tag you, even if you never posted anything yourself
Messages about work, including side jobs or projects around the house
Even an apology or a joke can be read the wrong way. Our post on what to do immediately after a car accident in Pennsylvania covers why statements about fault are best left unsaid in the early days, and the same thinking applies online.
Privacy settings are not a shield
Many people assume a private account keeps their posts out of a case. It helps, but it does not guarantee anything.
In Pennsylvania, the rules of civil procedure allow each side to request information that is relevant to the case and not privileged. Social media content can fall within that scope. Courts have taken different approaches to private posts, and some, like the court in Hoy v. Holmes, have required the other side to first point to something in the public posts that suggests the private content is relevant.
That means public posts are often the doorway. One public photo can open the door to much more.
Do not delete anything without advice
The instinct after reading all this is to clean up your accounts. Deleting posts after an injury can create a bigger problem than the posts themselves, because removing information that may be relevant to a claim can be held against the person who removed it.
A better first step is to save a copy. Facebook, for example, lets users export a copy of their account information. Then talk with an attorney before changing or removing anything.
Simple rules to follow while a claim is open
The safest approach is to stop posting until the claim is resolved. If that is not realistic, a few habits go a long way:
Do not post about the accident, your injuries, or your recovery
Ask friends and family not to tag you or post photos of you
Do not accept new friend or follow requests from people you do not know
Do not message anyone about the claim through social media
Assume anything you share, publicly or privately, could be read aloud later
Talk to someone before you post
If you were hurt in an accident in Ebensburg, Johnstown, Altoona, the Pittsburgh area, or elsewhere in Central Pennsylvania, it helps to get guidance early, before anything is posted or deleted. Our post on what to expect at an attorney consultation walks through how that first conversation works.
Sutton & Lovette offers a free consultation. Calls to (814) 471-7702 reach the firm's Ebensburg office directly rather than an answering service.
This article provides general information about Pennsylvania law and is not legal advice. How the law applies depends on the facts of each situation.
