As the most populous city in the United States, New York City has busy highway roads. So this is one of the main reasons for car accidents in NYC. In today’s environment, it is common for people to overshare and reveal facts about their lives. When it comes to accident claims, keeping the specifics of your life close to your chest means that the insurance provider cannot use this information to look for flaws in your story of the accident or dispute car accident claims.
If you are involved in a car accident in New York, then you need to read this article. This article will examine how online posts can undermine your car accident case in New York.
How Insurance Companies and Attorneys Find Your Social Media Posts
Insurance companies and defense attorneys have various methods of discovering your social media activities. They may send broad discovery requests for all online profiles and communications. Private investigators may monitor your accounts, looking for red flags. Some insurers even use social media surveillance software that analyzes your posts for anything that could undermine an injury claim.
When accepting a friend request from a stranger, be wary it could be an investigator seeking access. Tight privacy settings and limited sharing are your best protections. Experienced personal injury attorneys in New York stay on top of insurers’ tactics for digging through social media and can advise you accordingly. With proper diligence, you can still use social media carefully without jeopardizing your car accident claim.
How Lawyers Use Social Media Posts Against Your Claim
In New York, most car accident claims are handled through a no-fault insurance system. This means your auto insurance provider will pay for your medical bills and lost wages up to the policy limit, regardless of who caused the crash. However, you can still file a liability claim against the at-fault driver to recover additional damages like pain and suffering.
The at-fault insurer will investigate your claim thoroughly, including scrutinizing your social media presence. Any information you share online that contradicts your claimed injuries may be used against you. For example, if you post photos doing strenuous activities that your injuries supposedly prevent, it could appear you are exaggerating your damages. The insurer can obtain these posts through legal discovery or private investigators.
Even vague or innocuous posts may raise questions. Status updates saying you’re “feeling great” or checked into locations like a concert could suggest you are not as limited by your injuries as claimed. The insurer may argue the activities and recovery timeline shown on social media prove you are healed or were never badly injured in the first place.
Social Media Rules to Follow Following a Car Accident
What you share online after an accident can be risky. Here are some social media guidelines to follow prior to any car accident claims.
- Always keep in mind that even harmless posts could be used against you. So, avoid social media until your claim is determined. If you must post, avoid mentioning the accident and be extremely cautious about the photographs you publish.
- Ask friends and family to also refrain from posting updates about your accident, injuries, or recovery. Their accounts could also be targeted.
- If you receive a friend or follower request from someone you do not know in real life, reject it.
- Temporarily restrict access to your accounts and increase privacy settings. Making your accounts private will make it more difficult for others to view your posts.
- If you’ve already uploaded something that might harm your claim, don’t remove it! This may appear to be an appropriate response, but it is more likely to do more harm than good. If you remove posts after the opposing party requests them, you may be accused of interfering with evidence. If you believe one of your social media postings may harm your case, instead of removing it, let your lawyer handle it for you.
Final Thoughts
Social media has many benefits for communicating and connecting. However, you must be extremely cautious about what accident and injury details you share online during an active injury claim. An insurance company will look for any opportunity to deny or minimize your rightful compensation.
With some smart social media management and legal guidance, you can still protect your car accident case in New York. Being mindful of how your posts could be misinterpreted is crucial for maximizing your car accident claim value and obtaining justice.
