Your first instinct after a scary car crash? Let friends and family know you're okay. But when that urge to update sends you rushing to social media, you may be putting your injury claim at risk without realizing it. Insurance adjusters are watching, and they're ready to use your own posts against you.
At Keller & Keller, we understand the tactics insurers use to avoid paying claims, and monitoring your social media accounts is a significant one. Our experienced New Mexico car accident attorneys help crash victims across New Mexico safeguard their claims—both online and off. Here's what you need to know before you share.
How Can Social Media Ruin My Accident Claim?
It's a routine part of claims investigations now: insurance companies scour social media for evidence that undermines your accident claim. Why? Because oversharing online hands them ready-made arguments to deny you fair compensation. Even an innocent post meant to reassure loved ones can cast doubt on key facts, such as:
- Severity of your injuries
- Limitations caused by the crash
- Mental anguish and emotional distress
- Details of how the wreck happened
"I'm Okay" and Other Positive Posts
Posting "I'm fine!" after a frightening wreck is a natural response. But to an insurer, those two little words translate to: "You're not really hurt." Anything that downplays your injuries, like reporting that you "feel great" or sharing photos of you smiling in the ER, can make it seem like you're exaggerating your claim.
It's crucial to remember that pain and limitations from crash injuries often worsen in the days following the accident. Posts proclaiming you're unharmed can undermine your credibility if you need to seek treatment later for those delayed symptoms.
Check-Ins, Plans, and Invites
Social media is all about sharing your life—but when you've been injured, those check-ins and event invites can create the impression that you're not as limited as you claim. If you post about upcoming travel, share photos from a night out, or RSVP "yes" to an invitation, expect the insurance company to argue your injuries aren't impacting your life.
Even if you're pushing through the pain to maintain some normalcy, the insurer may point to those posts as evidence that you're exaggerating your limitations. They won't see the effort it took to get dressed up for that one outing or the days spent recovering afterward—they'll only see the smiling snapshot and use it against you.
Venting About the Accident
After a car crash, powerful emotions can tempt you to rant online. Resist that urge. Avoid assigning blame, speculating about causes, or even apologizing. The other driver's insurer can use those statements to shift fault onto you and reduce your compensation or deny your claim.
Even comments that seem innocent, like "I never saw them coming" or "I should have braked sooner," can be twisted to make it seem like you're admitting guilt. When it comes to discussing the details of the wreck online, the less said, the better.
Remember, anything you post online can be used as evidence according to New Mexico and federal law.
3 Ways to Keep Social Media from Undermining Your Claim
While the safest approach is to stay off social media entirely until your case concludes, that's not always practical. If you do choose to maintain an online presence, take these precautions:
- Lock down your privacy. Make your profiles private and accept only friend requests from people you know in real life. But don't rely solely on privacy settings—they change often and aren't foolproof. Investigators may still find ways to access your posts.
- Filter all posts through an "evidence" lens. Before sharing, ask: "Could the insurance company twist this to hurt my claim?" If you're unsure, don’t post. Err on the side of caution and keep your recovery details offline.
- Search your name online. Since the insurance company is sure to Google your name, you should do so first. Be sure to remove any content that could be harmful to your case.
- Avoid shares and tagging. Ask friends and family not to tag you or share your photos while your claim is pending. Well-meaning loved ones could accidentally overshare on your behalf. Make sure they understand the importance of social media restraint during this time.
- Follow Keller & Keller’s social media sites. These include Facebook, Instagram, X, TikTok, and YouTube.
If you do slip up and post something you later regret, resist the urge to delete it. Erasing posts can be seen as destroying evidence, which may hurt your credibility. Instead, leave it up and discuss any concerns with your car accident attorney.
Get Help from a New Mexico Car Accident Attorney
Social media mistakes are just one of many pitfalls injury victims face after a crash. At Keller & Keller, we assist individuals throughout New Mexico with the car accident claims process and advocate for the compensation they deserve.
If you've been hurt in an accident, let us help. We'll discuss your rights, options, and how to protect your interests—online and beyond. Our experienced legal team will handle the insurance company so you can focus on healing.
