For better or worse, social media has become an everyday part of life. From scrolling through Instagram and TikTok, chatting on Snapchat and watching videos on YouTube, we share family photos, look for new recipes and post updates about our lives. But if you have been involved in a personal injury claim, that fun instinctive post could do more harm than you think.
What you share online, no matter how innocent it seems, can be misinterpreted, twisted and even used as evidence against you. In personal injury law, perception matters, and social media often tells a story that doesn’t reflect the whole truth. One post can destroy any chance you have at getting compensation and justice for your accident.
This blog explores how social media can negatively impact your personal injury case, why you should think twice before posting, and what you can do to protect your claim.
How Do Insurance Companies Use Social Media?
After an accident, insurance companies are not your friends. Their goal is to pay out as little as possible. To do that, they often look for inconsistencies between what you’re claiming and what you’re showing online.
If you post a photo of yourself smiling with your grandchildren at a family dinner, they may use it as “proof” that you’re not actually in pain. If you share a video of yourself walking your dog, they may say this proves you are mobile and active. Even an innocent check-in at a restaurant or a night out at a concert can be taken out of context to contrast your injury claim.
It’s important to understand that insurers and defense lawyers monitor social media accounts, looking for any kind of evidence that will dispute your injury claims. They collect posts, comments, and images as evidence for court or settlement negotiations. Once something is posted online, it’s there forever—even if you delete it, the post can be recovered or someone else has already screenshot it.
Why Can Innocent Posts Be Dangerous?
You don’t need to post something extreme for it to hurt your case. Something as simple as posting an image of you smiling and drinking a coffee with the caption “Feeling better today!” could be used to argue your injuries aren’t serious or that you’ve recovered faster than you claim.
It’s not just your posts that matter. Friends and family members who post images in which you are featured can also jeopardize your insurance claim. For example, imagine a photo or video of you at a family member’s birthday pool party. You’re sitting with friends by a pool in your bathing suit, drinking a beer, smiling. This could be interpreted as you being pain-free (even if you’re not), which could undermine the credibility of your claim.
Privacy Settings Aren’t a Shield
You have your Instagram or TikTok account set to private, so you are 100% safe to post whatever you want without anyone seeing it, right? Unfortunately, that’s not always the case.
Courts have ruled that if social media content is relevant to a case, it can sometimes be requested through legal channels, even if your profile is private. Defense lawyers can subpoena your posts, direct messages, or tagged photos if they believe it’s related to your injury claim.
It’s also important to note that often social media platforms may push updates that make private accounts public, forcing individuals to relist as private. And regardless of the status of your account, friends can still share or screenshot your posts on Instagram, TikTok, Snapchat and Facebook. The safest approach is to avoid posting anything related to your health, your accident, or your recovery until your case is resolved.
The Illusion of Recovery
Social media images aren’t reality, as most people only post the best parts of their life, not the hard days. But when you’re pursuing a personal injury claim, the insurance company doesn’t see nuance.
A picture of you smiling can be interpreted as indicating that you are pain-free. Even if it was just a momentary smile, that single image can tell an entirely different story from the facts. Insurers and defense lawyers often take posts at face value and use them to build a narrative that you’re exaggerating your injuries.
Even something positive, like posting motivational quotes or saying you’re “staying strong,” can be twisted to suggest you’re doing better than you are. The illusion of recovery can easily become evidence against you.
What Shouldn’t You Post During a Personal Injury Claim?
If you’re pursuing a personal injury lawsuit, here are a few types of posts you should absolutely avoid:
- Accident details: Never post photos of the scene, your vehicle, or your injuries. Anything you say can contradict evidence or statements. Keep things to yourself – silence is golden.
- Health updates: Do not post information about your medical condition, treatments, or how you’re feeling day-to-day.
- Activities and trips: Photos of you at the gym, on vacation, or attending social events can easily be misinterpreted. On social media, perception is reality, and images can be altered to fit any narrative.
- Information about your case: Nothing positive will come from you posting information or opinions on your case. Keep your thoughts to yourself or vent to your lawyer.
- Check-ins and tags: Turn off location sharing and ask friends not to tag you in posts while your case is active.
The best advice to anyone involved in a personal injury claim is to hold off on posting on social media during the claim process. Less is more. Safeguard yourself and avoid posting images or anything personal while the claim is proceeding.
If you can’t stay off social media, follow these steps to minimize risk:
- Tighten your privacy settings: Restrict who can see your posts, comments, and tags.
- Don’t accept new friend requests: Insurance investigators sometimes create fake accounts to access your content.
- Avoid posting pictures: Images can be misinterpreted to hurt your credibility.
- Ask friends and family for discretion: Explain that you have filed an insurance claim and ask them not to include your image in any posts.
- Consult your lawyer: If you are unsure if your post should be made visible, ask your legal counsel. They can advise you accordingly. Your lawyer’s job is to protect your interests, and they can advise on what’s safe to post and what could jeopardize your claim.
What are Some Real-World Examples?
Across Canada, there have been countless cases where social media posts have negatively affected the client’s outcome.
For example, one situation was of a woman who claimed serious mobility issues, who was photographed dancing at a wedding. A second was a man seeking damages for chronic pain, who shared gym photos online. In both cases, the defence used those posts to argue that the plaintiffs were exaggerating their injuries, and the jury agreed.
The best approach to social media during the legal process is simple: avoid posting on Instagram, TikTok, Snapchat, Facebook and any other app whenever possible. If you need to post on social media, stay cautious, stay private, and always ask your lawyer for guidance. Until your case is resolved, think of every post, photo, or comment as a potential piece of evidence.
How Can Bergel Magence Help After an Accident?
At Bergel Magence Personal Injury Lawyers, we understand that an injury can completely disrupt every part of your life – your health, your finances, and even your digital presence. For over 50 years, our team of legal experts have helped tens of thousands of seriously injured people from across Ontario secure the justice and compensation they deserve after an accident.
If you or a loved one has been seriously injured in a car accident, slip and fall, or dog attack, contact Bergel Magence today at 416-665-2000 or visit bergellaw.com for a free consultation. We will fight on your behalf so you can focus on rehabilitation, and we’ll help navigate your social media presence during those difficult times.
