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Why Crash Victims Should Avoid TikTok and Other Social Media During an Injury Claim

April 14, 2022

Many people enjoy posting details about their personal lives on one or more social media platforms. Some car crash victims may even decide to share information about their car crash and recovery journey in one or more TikTok posts.

Is this a good idea? Could videos or photos shared on TikTok, or other social media platforms be used as evidence in a car crash claim? Yes, they can, but probably not to strengthen your claim.

Bernstein & Poisson has been helping injury victims for decades, including those injured in traffic accidents. Our car crash attorneys in Las Vegas know what it takes to build a compelling case. We also know how quickly injury victims can badly damage a claim. Learn why posting about your crash on TikTok or any social media site could risk your ability to recover damages.

Can TikTok Videos Be Used as Evidence in Your Car Crash Claim?

Crash scene videos and photos may provide supporting evidence in a claim. However, probably not in a way that helps your claim. Continuing to post on TikTok and other social media sites after being involved in a collision is risky.

Once your videos and other posts are live on a social media site, they may be used against you by the insurance company. For example, they may use your posts as justification for reducing the value of your claim or even denying it.

How Could Insurers Use My TikTok or Social Media Posts Against Me?

Insurance companies routinely search TikTok and other popular social media platforms. They are looking for any evidence that could damage a victim’s credibility.

For instance, social posts could damage your claim by:

  • Contradicting an earlier statement you made about your injuries or how the crash happened
  • Showing you doing activities you claimed you cannot do, even if it is just taken out of context
  • Revealing damaging comments you made about the insurance payout you are trying to get
  • Showing you checking in at various places, despite claiming your injuries limit your daily life
  • Having comments from family and friends about you that cast doubt on your character

Why Privacy Settings Are Not As Secure as You Think

Many injury victims may think it is safe to post on social media if they use privacy settings. Unfortunately, it is difficult to keep full control over who does or does not see what you post. Even if you use privacy settings, your TikTok posts can still get in the wrong hands. There should be no expectation of privacy on any social media platform.

Here are some common ways your privacy can be easily, and legally, breached:

  • Family or friends may give access without realizing it through comments or tags
  • Insurers may pose as someone you know to trick you into accepting them as a follower
  • The insurance company may request access during discovery or by getting a court order

In short, if the insurance company wants access to your TikTok, Instagram or other social media, they may be able to get it. Once they gain access to your posts, they do not need your permission to use them as evidence.

Is It Legal for Insurance Companies To Use My Social Posts as Evidence?

If you are wondering whether it is legal for the insurance company to use these posts as evidence against you, it is. In fact, social posts are commonly used as evidence in both civil and criminal cases. Sometimes, social media can help, such as by showing proof of where a person was when a crime was being committed. However, in a car crash claim, your posts are more likely to be used to discredit you.

Should You Delete Existing Social Media Posts About Your Crash?

It is not a good idea to post about your crash on TikTok. In fact, it is risky to post anything on any social media sites while pursuing an injury claim. Anything you say or do could be taken out of context and used against you.

However, if you have already posted about your crash on social media, it is important that you do not delete it. Taking this step can make you look guilty. Insurers may try to argue that it implies you feel at fault for the crash.

Consider Staying Off Social Media Until Your Claim Resolves

Unfortunately, many injury victims may ignore this advice, even at the risk of damaging their claim. If you feel staying off social media fully is too hard, you should at least take some precautions:

In addition to using privacy settings, do not use the “check in” feature. You should also be extremely cautious about accepting any new friend requests.

If you post at all on TikTok or other social media sites, it is critical that you:

  • Do not post anything about the crash, your claim or the compensation you hope to secure
  • Do not talk about your injuries or post any videos or photos of them
  • Do not post photos of you at parties or hanging out with friends – it can be taken out of context
  • Do not say you feel sorry about the crash – that kind of statement makes it sound like you are to blame for the crash

After a Crash, Consider Seeking Legal Help Right Away

When you hire an attorney to represent you during a car crash claim, you can focus on your recovery. You also gain the benefit of an experienced lawyer to help prevent you from making mistakes that could hurt your claim.

At Bernstein & Poisson, we have the knowledge, resources and staff to build a strong claim on your behalf. We are ready to discuss your situation and explain your potential legal options. Initial consultations are free, so there is no risk to learn if you have a case. If we represent you, there is nothing to pay us up front or while we work your case. We only get paid if we recover compensation for you.

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