How Social Media Can Ruin Your Personal Injury Claim

Social media has become part of everyday life. For many, sharing updates or photos comes naturally. But after a car accident or other injury, even the most harmless post can work against you. Insurance companies and defense attorneys comb through online activity looking for content that undermines your case. A single photo or comment can create doubt about your injuries, reduce your settlement, or harm your credibility in court.

At Harper, Evans, Hilbrenner & Netemeyer, we understand the importance of protecting your digital presence while pursuing compensation. Our attorneys have helped Missouri clients defend their claims by advising them on smart social media habits. Your health and your future deserve the strongest possible protection.

Key Takeaways

• Insurers monitor claimants’ social media activity.
  
  
• Even casual posts can be misinterpreted.
  
  
• Privacy settings do not guarantee protection.
  
  
• Courts can allow social media as evidence.
  
  
• Careful digital habits help preserve the value of your claim.
  
  

Why Insurers Monitor Your Accounts

Insurance companies aim to minimize payouts, and reviewing social media is one way they achieve this. Adjusters and defense lawyers look for posts that conflict with your reported injuries. A cheerful photo or a check-in at an event can be used to argue that you are not as hurt as you claim.

According to the Pew Research Center, more than 70% of U.S. adults use social media, which makes it an easy target for insurers. Our attorneys have seen insurers introduce posts during negotiations to reduce compensation. Because we anticipate these tactics, we know how to respond and protect our clients’ rights.

Examples of Posts That Can Backfire

Seemingly harmless updates can be turned against you:

• A photo of lifting groceries may be spun as evidence that you can perform physical tasks.
  
  
• Vacation pictures may be used to suggest you are well enough to travel without difficulty.
  
  
• A casual status like “feeling better” may be presented as proof that you are fully healed.
  
  

Our firm has managed cases where such posts were taken out of context. With legal guidance, you can avoid these pitfalls before they harm your claim.

What Not to Share After an Accident

When pursuing a claim, it is best to limit online activity. Avoid:

• Discussing your injuries or treatment details.
  
  
• Posting photos or videos of activities, even everyday tasks.
  
  
• Commenting on fault or liability.
  
  
• Talking about settlement discussions or legal strategy.
  
  

We also advise clients to ask friends and family not to tag them in posts or photos. Even well-meaning tags can cause trouble.

How Privacy Settings Fall Short

Many believe that setting profiles to private will shield them from scrutiny. In reality, privacy settings are not airtight. Screenshots, shares, or subpoenas can still expose your posts. Courts frequently allow access to private content when it is relevant.

The National Center for State Courts notes that social media evidence is often admitted in court, regardless of privacy settings. Our attorneys help clients understand the limits of privacy tools and encourage proactive caution online.

Legal Use of Social Media in Court

Courts treat social media like other forms of evidence: if it can be authenticated, it may be admissible. As the Cornell Law School Legal Information Institute explains, Federal Rule of Evidence 901 requires proof that digital content is genuine. This means your posts, photos, or comments could become part of your case.

Deleting content is not the answer. Courts may view it as spoliation, or destroying evidence, which can harm your credibility. Our attorneys advise clients on how to manage past posts while ensuring context is preserved. In some cases, we have successfully shown how insurers misinterpreted a post.

Smart Digital Habits Post-Injury

You can protect yourself by adopting careful online practices:

• Pause or limit posting until your case concludes.
  
  
• Keep profiles private, but assume nothing is truly hidden.
  
  
• Turn off tagging and location features.
  
  
• Review older posts with your attorney for potential issues.
  
  
• Share updates directly with close family or your lawyer instead of posting publicly.
  
  

These habits allow you to focus on recovery while minimizing risks to your case.

What to Do If You Have Already Posted

If you have already shared content after your accident:

• Do not delete the posts.
  
  
• Save screenshots and note the dates and audience.
  
  
• Provide them to your attorney for guidance.
  
  

Our team collaborates with clients to manage existing content in a manner that protects their claims and interests. Even if you made mistakes, they can often be corrected with proper context and legal strategy.

FAQs

Can I delete posts that hurt my claim?
No. Deleting may look like hiding evidence. Always consult your lawyer first.

Are private messages safe from insurers?
Not always. Courts can subpoena private messages if relevant to the case.

Can insurance companies see tagged photos?
Yes. Tagged posts are visible to insurers and may be used against you.

Should I stop using social media altogether?
Limiting or pausing activity is the safest choice while your claim is active.

Wrap-Up: Protecting Your Claim and Your Future

Social media is a double-edged sword. While it connects us with friends and family, it also provides insurers with evidence they can use against injury victims. Innocent posts can be misinterpreted, privacy settings cannot guarantee safety, and courts often admit social media into evidence.

At Harper, Evans, Hilbrenner & Netemeyer, we combine trial-tested experience with client-first advocacy to protect victims from these risks. With the proper guidance, you can safeguard both your health and your claim.

For experienced support, contact us today for a free consultation. You pay nothing unless we win.

About Harper, Evans, Hilbrenner & Netemeyer

Harper, Evans, Hilbrenner & Netemeyer is a Missouri law firm with decades of experience in personal injury litigation. Our attorneys have won multi-million-dollar verdicts and settlements for clients across the state. We are committed to a client-first approach, offering contingency fee arrangements so justice is always accessible.

Discover more about us and our commitment to supporting Missouri accident victims.