In today’s digital age, sharing moments on platforms like Facebook, Instagram, and Twitter has become second nature. From posting pictures of a night out to sharing thoughts on daily life, it’s easy to forget that what you post online could be seen by more people than you intend—including insurance companies and defense attorneys.
If you’re involved in a personal injury claim, these seemingly innocent posts can significantly impact the outcome of your case. At Harman Law, we’ve seen firsthand how social media activity can be used against claimants. Understanding the risks can help you protect your rights and ensure you receive the compensation you deserve.
Why Insurers Check Your Social Media
Insurance companies are increasingly turning to social media to gather evidence that may contradict a claimant’s statements. According to recent reports, approximately 79% of insurance adjusters now review claimants’ social media profiles during their investigations. They look for photos, check-ins, or comments that might suggest you’re not as injured as you claim.
Even something as innocent as smiling in a selfie could be used as evidence that you’re not experiencing the pain and suffering you reported. Insurers are trained to look for inconsistencies—anything that could suggest exaggeration or misrepresentation. They’ll use this information to challenge the severity of your injuries, your credibility, and even your character.
Real-World Examples of Posts That Harmed Cases
Consider the case of a yoga instructor who claimed severe neck and shoulder injuries from a car accident. Her lawsuit sought compensation for medical expenses, lost income, and pain and suffering. However, her Instagram posts showed her performing advanced yoga poses—activities that directly contradicted her medical claims. The defense used these posts to question the legitimacy of her injuries, leading to a significantly reduced settlement.
In another instance, a man who suffered a back injury posted a check-in at a local hiking trail. Despite his claim of limited mobility, the insurance company used his post to argue that he was exaggerating his injury. The defense succeeded in weakening his claim, resulting in a smaller payout than he initially expected.
These stories are not rare. In fact, courts have allowed social media posts as admissible evidence in personal injury cases across the country, including here in North Carolina. At Harman Law, we’ve seen how one post can change the entire trajectory of a claim.
What Not to Post During a Personal Injury Claim
To safeguard your personal injury case, avoid these common types of posts:
- Location Check-Ins: If you’re claiming serious injuries, checking in at the gym, on vacation, or even a local restaurant may send the wrong message. It may appear that you’re living your normal life without restrictions, even if you are struggling behind the scenes.
- Photos of Activities: Any images showing you walking, dancing, lifting items, or engaging in recreational activities can be misinterpreted—even if those activities are staged, brief, or forced.
- Emotional Rants: It’s understandable to feel angry or frustrated during the legal process, but posting emotionally charged messages can be used to discredit your emotional distress or portray you as irrational.
- Comments About Your Case: Talking about your injury, what your doctor said, or venting about the insurance company could backfire. Even vague references can be twisted and used against you.
- Shared Posts from Others: Be cautious about what others tag you in or share to your feed. Their posts could be used to imply you’re more active or upbeat than you actually are.
The Myth of Privacy: Even Private Posts Aren't Safe
Many people assume that setting their profiles to private will protect them. Unfortunately, that’s a dangerous misconception. Courts can subpoena private content from social media platforms if it’s considered relevant to the case. In North Carolina, judges have ruled that privacy settings do not necessarily shield posts from legal discovery.
Moreover, even if your settings are strict, mutual friends could share your content, tag you, or even take screenshots. Once something is posted, it’s essentially public. What feels like a personal digital space is often anything but.
This is why it’s critical to pause before posting anything—even something unrelated to your accident. Defense attorneys are skilled at piecing together a narrative from seemingly disconnected pieces of content. Your best bet is to simply stay off social media during your case.
Tips for Safe Digital Behavior During Litigation
To protect your injury claim while staying online:
- Limit Social Media Use: The most effective strategy is to avoid posting altogether during your claim. If you’re not comfortable with a full break, at least refrain from posting anything personal or opinionated.
- Adjust Privacy Settings: Increase the privacy of your accounts, but understand that this is not a guarantee of safety. It simply adds a small layer of protection.
- Avoid Discussing Your Case: Don’t mention your injury, the accident, your legal team, or any treatment plans. These are best left offline.
- Tell Friends and Family: Make sure those close to you know not to tag you or mention you in posts that could be misinterpreted.
- Review Past Posts: If you posted anything about your accident before speaking with an attorney, let your legal team know. They can assess whether the content needs to be addressed or clarified.
- Consult Harman Law Before You Post: When in doubt, ask us. We’re here to help you make informed decisions that won’t harm your case.
Protect Your Claim with Harman Law
Navigating a personal injury claim requires more than just medical evidence and legal arguments—it demands awareness of how your everyday actions, including what you post online, could impact your outcome. At Harman Law, we stay ahead of the strategies insurance companies use to reduce or deny valid claims.
We understand that social media is part of modern life. That’s why we provide clear, personalized guidance on how to avoid mistakes that could hurt your case. With offices in Charlotte, Huntersville, and Hickory, our experienced team is here to walk you through every step of your injury claim with the care, confidence, and commitment you deserve.
If you’ve been injured and have questions about your case or your online activity, don’t wait. Contact Harman Law today to schedule a free consultation and protect your right to fair compensation.
