(Hong Kong) – A motorcyclist uploaded on social media recently photos and dash cam videos of a road accident he was involved in on 7th of February 2019 at 4.20pm. Many netizens were appalled by his action as these uploaded pictures show that he was attempting to gain empathy by posting on Facebook group. Some even lambasted at his fault in causing the accident.
According to lawyer David Kohm, we use social media to stay connected with close friends and family, reconnect with acquaintances from our past, and make new friends. Photographs of birthday parties, graduations, and other life-changing experiences are uploaded in seconds for everyone to see. So, it makes sense that someone involved in a car accident would use social media to share details even in public Facebook group. However, posting that selfie can have a negative impact on a cae accident claim.
Social Media Photographs Can Harm Your Claim For Damages
If you are involved in a car accident you may file a claim seeking damages for pain and suffering. These claims are filed to recover damages for medical treatment, recovery, lost wages, and any other circumstance in which your daily activities have been altered. Medical experts may be called to testify on the extent of your injuries. Family and friends may be called to testify about your pain. The defense’s job is to discredit you and the validity of your claim. Today, one of the best sources of evidence is your social media profile.
Anything you post on your social media profile is public record and can be used as evidence to dispute your claim. Methods to obtain access to your social media profile can include hiring someone to “friend” you or obtaining a court order.
Types of Social Media Posts That Can Harm Your Claim
Current pictures of you riding a bike, skating, or jogging contradict your claim for pain and suffering. Past photographs of you engaging in activities such as rock climbing, bungee jumping, or riding an ATV may lead the insurance company to believe your injuries are from engaging in those activities, not the car accident. Selfies of you standing next to the car makes you look dishonest if you are seeking damages for physical injuries. Pictures of you at a social event can mislead judges, juries, and insurance companies about your true emotional state. A picture is worth a thousand words even if they are not your actual words.