How Can Social Media Affect My Accident Claim In Virginia?

Key Highlights:

Most people didn’t know how social media affect my accident claim in Virginia. So, let’s figure this out in detail:

• Yes, social media affect after my accident claim in Virginia. 
• But this does not mean that you have to get rid of all of your accounts, but it does mean you have to consider social media evidence as something that impacts your personal injury claim, just like the other side does. 
• Insurance companies and their defense attorney usually check the social media accounts of anyone who files an injury claim. 
• Deleting posts after starting an accident lawsuit is considered destruction of evidence.
• Information posted by your family and friends can hurt your car accident claim as much as the information you post yourself. 

In Virginia, which is one of the states where even 1% of fault can make you lose a lot in your case, a car accident claim can hinge on your credibility.

Just one mistake when posting online could give your insurance adjuster exactly what they need to tear apart your personal injury case, and most folks don’t even realize it’s happening until it’s too late. 

My name is Robert Tatum, and I am a founding attorney for Tatum & Atkinson Law Firm. For more than 65 years in total between all our lawyers, our veteran-owned law firm has handled car accident claims and lawsuit cases throughout the state of Virginia since 2006. We understand how social media can be used against you as your Virginia personal injury lawyer.

Social Media Affect After My Accident Claim in Virginia

Pretty much everyone is active on social media; the Pew Research Center reports that the majority of American adults use social media, and most of them are active on YouTube and Facebook. It becomes a convenient tool for insurance companies that look for reasons to reduce the amount of money they will have to pay out.

How the Other Side Views Your Posts

This insurance adjuster or defense attorney is working hard to create a timeline, connecting the dates of your posts to the injuries that you claim, trying to see if there is even a small gap at all. All it takes is just one picture, one check-in, one post.

The Posts That Do the Damage

It is not about making a mistake but mostly about posting things that will be taken in the most negative manner possible: 

• Photos or videos of yourself doing activities, such as hiking, going to weddings, and gardening, would indicate that your injuries are not severe. 
• Checking into places that prove you are not confined to your home or unable to travel as you claim. 
• Posting about the accident may imply that the accident was caused by you. 
• Upbeat messages like “feeling great!” raise questions about your personal injury claim for pain and suffering. 
• A post about a new purchase or a trip that will disprove your financial loss claim.

Impact of Social Media on Damage and Credibility

The vast majority of a car accident claim will depend on evidence that cannot be recorded on film:

• pain
• decreased mobility
• activities you can no longer do

That can only be proved through a continuing story backed up by your medical records. 

Even one single positive post serves as social media evidence for the defense attorney to argue that you are exaggerating, and once your credibility is questioned, everything else you say will be disregarded. In Virginia, credibility is crucial in this matter.

Privacy, Deleting Accounts, and What Others Say about You

There are three things you might get confused about in this field: 

1. Privacy settings are great, but not enough; if your follower takes screenshots of your posts, the court could require private social media evidence for the sake of the case. 
2. Deleting your posts or closing your account during the accident lawsuit. The process might look like a destruction of evidence; avoid deleting anything and discuss with your attorney first. 
3. The posts of your friends and relatives, as well as tagging of your account, can affect your personal injury claim, despite the fact that you have never posted anything; talk to other people about it.

Injured in Virginia? Contact Tatum & Atkinson Law Firm Before Posting Anything Online About Your Case

Are you injured and unsure about what should be posted online about your injury? Just making a phone call may prevent you from posting something that might affect your car accident claim negatively. 

Tatum & Atkinson Law Firm, your trusted Virginia personal injury lawyer and Virginia accident attorney team, is a firm representing injury victims all across the Commonwealth of Virginia, including through the Virginia office in Cedar Bluff, which covers southwest Virginia, and through the Virginia cases handled by Jon Ward, practicing in the Commonwealth of Virginia. 

Our Heavy Hitters understand how insurance adjuster teams and their lawyers use social media evidence to gather evidence against the injury victims and provide guidance on what not to post during their case. 

We can be contacted by calling (800) 529-0804 for a free consultation. We handle personal injury claim cases on a contingency basis, which means we do not charge any fees unless you win your case.

FAQs: How Can Social Media Affect My Accident Claim in Virginia?

Do I have to quit social media completely while my claim is pending?

No, but there is nothing for you to delete, either. It’s best to err on the side of caution, going silent instead of dark. Set your accounts to private, and do not post about the accident, your injuries, your life, or your personal injury claim. Delete posts at your own risk, and when in doubt, don’t post.

Can the defense get my private messages or direct messages?

Maybe. “Privacy” does not equal protection under the law. Direct messages and private posts are not always exempt from discovery, and if they are relevant to your injuries, a court may compel them as social media evidence in the case. Always assume that anything you write on an app may be used against you, so never write anything in the case except when communicating with your Virginia accident attorney.

Can something my friend posts really affect my case?

Yes. Your well-intentioned friend who tags you in a picture from the barbecue cookout, or “I’m so happy you’re feeling better now,” or a weekend getaway video can give the defense attorney everything he or she needs, usually without even realizing it. That is why you should ask your closest family and friends to stop posting about you and tagging you when your accident lawsuit is ongoing.

Is there anything that is safe to post?

The neutral posts, having nothing to do with your medical condition or the accident, are lower-risk, but none will be safer while there is still an unresolved accident lawsuit out there. Stay clear of posts regarding any accident-related matters, your health status, your daily activities, trips, shopping, and emotions regarding your case. Any post that can be taken by an insurance adjuster in a screenshot will likely be used.

How long do I need to be careful on social media?

Until the end of your case comes to pass, through settlement or trial, not until you receive it. The statute of limitations in Virginia is two years (Va. Code § 8.01-243). The duration of your case will probably be longer than this, given the defendant’s thorough review of your social media evidence background. Discipline all the way to the end of your case guarantees that you get what you deserve. Contact a Virginia personal injury lawyer today.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.