Posting on social media while a personal injury claim is pending can be incredibly damaging to your case. Even a seemingly-innocent post, such as checking in at a gym, can cast doubt on your claim that you are injured.
Many of us use social media in a specific way: to highlight the best parts of our lives. This tendency can be harmful in a personal injury case, as insurance companies will often look at your Facebook, Twitter and Instagram accounts for any evidence that you may not be suffering from the injuries that you have claimed. For example, if you post a picture of yourself hiking in the woods, an insurance company may use that as proof that a back injury from a slip and fall was not as severe as claimed. Similarly, if you talk about your accident online, those statements can be used against you.
Under California law, social media postings are admissible are admissible in court. Both your own posts, if you are a party to the case, and the posts of family and friends, if they contradict your testimony, can be admitted into evidence. For this reason, social media posts can be damaging to your case.
The best course of action is to avoid posting anything about the accident or your case, posting any new pictures or videos of yourself, or responding to new friend requests or messages from unknown people. Doing this will help to protect your case while allowing you to still engage on social media.
