Think Before You Post: How Social Media Can Undermine a Car Accident Claim (NJ Guide)
Social media is second nature—until it collides with a car accident claim. Insurance companies and defense lawyers routinely comb Facebook, Instagram, TikTok, X, and even fitness apps looking for anything to cast doubt on injuries or fault. A single post, story, or tagged photo can be taken out of context and used to reduce or deny compensation.
Below is a practical NJ-focused guide to keep your online activity from hurting your case.
Why your posts can be used against you
- Public (and “private”) isn’t really private. Courts can compel production of relevant content; screenshots and tags circulate beyond your settings.
- Context gets lost. A smiling photo at a family event may be spun as proof you’re “fine,” even if you were in pain for days after.
- Timestamps tell a story. Check-ins, rideshare receipts, Strava/Apple Health entries, or gym selfies can be used to dispute activity limits or the accident timeline.
- Comparative negligence arguments. In New Jersey, your recovery can be reduced if you’re found partly at fault. Online admissions (“I didn’t see the light”) or aggressive comments can fuel those claims.
Common posts that backfire
- “I’m okay!” updates that minimize symptoms in the moment.
- Photos or videos showing physical activity (even light yardwork) soon after the crash.
- Location check-ins at concerts, games, or trips.
- Rants or arguments about the other driver, police, or insurers.
- Crowdfunding pages that unintentionally contradict medical or work-status details.
- New friend requests from unknown accounts (adjusters sometimes use sock puppets).
Privacy myths to drop
- Myth: “If I delete it, it’s gone.”
Reality: Deletion can look like evidence spoliation. Old versions and shares may still exist. - Myth: “DMs are safe.”
Reality: Private messages can be discoverable if relevant. - Myth: “I set my account to private.”
Reality: Courts can order production; friends can screenshot; tags bypass your settings.
What to do right after a crash (online)
- Hit pause. Avoid posting about the collision, your injuries, treatment, activities, or travel.
- Tighten settings—don’t purge. Strengthen privacy and review past content, but don’t delete anything related to the incident without legal guidance.
- Disable tagging & review features. Require approval for tags and tagged photos.
- Ask friends/family not to post about you. A well-meaning tag can do damage.
- Decline new connection requests from people you don’t recognize.
- Keep communications offline or through your lawyer regarding the case.
Evidence preservation (critical)
Do not destroy or alter potential evidence (posts, messages, photos). If something online seems problematic, talk to counsel first about proper preservation steps. Your lawyer can advise on holds, exports, and how to handle existing posts without risking sanctions.
How insurers use social media
Adjusters and defense lawyers compare your online footprint with medical records, employment information, and surveillance. They look for gaps they can exploit—like activity that seems inconsistent with reported pain, or statements that hint at distraction or speeding.
FAQs
- Can I post a photo of my car? Better not. Even simple images can reveal timelines, locations, or physical abilities.
- What if friends tag me anyway? Remove the tag, ask them to take it down, and tell your attorney—don’t engage publicly.
- Can I message the other driver or witnesses? No. That can complicate liability and evidence issues.
- Is it okay to vent about the insurance company? Avoid it. Those statements often resurface later.
A note from Zirrith Law
Zirrith Law and Bryan Mintz are your go to resource for personal injury lawsuits. If you were hurt in a crash, contact us today for a free consultation. No Fee unless we win your case!
Contact Zirrith Law Today
Phone: 732 – 521 – 5900