We deal with a lot of clients who want to know what they should do after a car accident. One of the first things I advise them is to not make any statements. I usually stated not to make any comments to the insurance adjuster, but have recently modified that. Now we advise our clients to not make any statements at all, including posting anything to your facebook, twitter or google+ account.
Why Posting to Facebook Can Become a Problem
While many believe facebook comments may not be checked by adjusters or defense counsel, they are wrong. In fact they are monitored and in some situations can harm your case. These comments can be used to limit or deny liability or to argue the extent the harm you suffered from a personal injury claim
One case in particular belonged to my colleague who was handling a traumatic brain injury. His client would routinely post status updates of his condition after the accident. However, not all comments were entirely accurate. One post stated that “I am doing 100% better”. In fact this could not be further from the truth. However, the client wanted to set aside his parents and friends worries, so they made the following comment.
At the settlement phase of negotiations this was brought to the attention of the plaintiff’s counsel. Without arguing the evidentiary value of the post, this statement was damaging. While my colleague was able to minimize its impact, it never the less served as an important lesson.
Social media platforms such as facebook are not always private. Rather these mediums are open to the public and can be highly prejudicial to your personal injury claim. If you have made such posts it is likely in your best interest to have them removed.
Comments such as these can be interpreted in a negative manner against your own interest. To avoid these issues it is always advisable that you refrain from making such comments. Even when your comments are private, it can still be a viewed under certain situations.