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Should I Post on Social Media About My Car Accident?

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If you have been involved in a an SUV or car accident in the Tampa Bay area call Tampa Personal Injury Attorney, Martin J. Hernandez of Fernandez & Hernandez at 813-229-5353.
Person taking picture of car accident damage

Absolutely, positively, do not post about your auto accident on social media. Insurance companies and other parties love to troll social media for any proof whatsoever that you are not hurt or some inconsistencies in your case. Moreover, we frequently look at the other driver’s policy to see if they admit liability.

Why Not Talk About My Accident Online?

It is natural to want to reach out to friends and family – for help, for emotional support, or just to vent about the events of your day. When you talk about the crash on Facebook or other social media sites, you are making essentially public statements that may be used to undermine your claim.

It is important to be aware that posting to Facebook after a car accident can result in significant harm to your case. That advice applies to Facebook, as well as other social media such as Twitter or Instagram. After a car accident, you want to do everything in your power to present the best possible case and to obtain compensation for your injuries. You might wonder what to say on social media after an accident. The answer is simple: say nothing, and post nothing.

Instead of posting questions and comments about your accident on social media and jeopardizing your claim, reach out to an experienced Tampa car accident attorney to learn more about getting started on your case.

What Benefits Are There to Posting About My Auto Accident?

Social media platforms (i.e., Facebook, Instagram, Twitter, LinkedIn) are undeniably a major source of news, information, and (mostly) entertainment these days. Astoundingly, there are close to 4.2 billion hits to social media on a monthly basis which means that almost half of the people on the planet are social media users. And on Twitter, for example, users produce over 6,000 tweets every single second.

Just as social media is playing a larger role in our lives, these platforms have begun to affect personal injury claims. Regardless of the privacy settings you use, it is imperative that anyone who is in the process of pursuing a personal injury claim understands that social media accounts are not private and anything posted on social media is not confidential.

How Can Posting on Facebook, Instagram, and Other Social Media Hurt Your Car Accident Claim?

Insurance companies constantly monitor social media sites. If you file a claim, chances are good that someone from the insurance company or the opposing party will search you out on social media. Making your account private is not enough. Edit your behavior BEFORE your next post.

Here are five ways (just to name a few) your social media posts can destroy your case:

Information about your activities can be used to claim you’re not injured.

  1. A social media post showing you in your pool, with friends, on vacation, or even just going to a theme park might be used as evidence that your injuries are not as bad as you claim – even if you were only standing there for a few moments, putting on a brave face. We get it. Nobody said you could not do these things. It’s just harder and more painful to do them.
  2. Comments about the accident might be twisted as your admission of fault. Fault in a car accident can be a complicated question. Your casual comments about what happened in the accident, like ‘I never saw him coming’ can be manipulated by insurance adjusters and opposing attorneys to imply you are admitting fault, even when you are not legally responsible for the accident.
  3. Posting ‘too frequently’ can be used to claim you didn’t suffer emotional distress. Car accidents can be terrifying, and the pain and emotional trauma of serious injuries can be devastating. If you are taking part cheerfully on your social media streams as nothing happened, an insurance company may try to argue that the accident did not affect you as much as you claim and therefore you do not deserve compensation for emotional trauma.
  4. Talking about your case may negate the confidentiality of your information. When you share information about or discuss your case on social media, it becomes public knowledge. Any confidentiality protections, such as those you have when you talk to your injury lawyer, no longer apply. Because car accidents often involve sensitive medical and financial information, it is best to keep updates on your case to yourself.
  5. Trashing the insurance company may be read as a sign of bias. We all want to vent our frustrations when involved in a lengthy insurance claim process. But if you put your frustrations in writing online, the insurance company may try to argue that you are biased and exaggerating to get vengeance and are not negotiating in good faith.

Even if you believe you have your settings on Facebook, Twitter, or another site set to ‘private’ or ‘friends only,’ anything you post to these sites has the potential to become public – and to be seen by insurance adjusters or other people in a position to use this information to deny your claim or reduce the value of the claim. So don’t post anything. You don’t know half of your ‘friends’ online anyway, do you really trust them not to disclose this?

How Should I Handle Social Media After a Car Accident?

With so many potential ‘traps’ and ‘pitfalls,’ what are the best ways to handle social media after a car accident? Frankly, don’t post but if you must consider these tips:

  • Set your social media accounts to ‘private,’ so that only your current friends can see what you post. If the site allows you to prevent friends from writing on your social media stream or sharing what you post, activate these protections as well.
  • Don’t let ‘friends’ tag you without your permission.
  • Avoid adding new ‘friends’ or followers unless you know them and trust them. Never add an insurance adjuster or other insurance company employee.
  • For the best results, avoid posting entirely until your claim is resolved. If you do post, never mention your accident or your claim. Update trusted friends and family members privately, and warn them not to mention the claim online.

But My Account Is ‘Private’ They Can’t See Anything

You might have heard that making your Facebook or Twitter accounts ‘private’ can prevent anyone from pulling information from those accounts in the event of a courtroom trial for a car accident claim. Wrong. Limiting public access to your social media accounts does not prevent the insurance companies or their legal defense teams from gaining access to your Facebook, Twitter, Instagram, Flickr, or other social media accounts. Defense attorneys can gain access to private messages, and in some cases to posts that you have deleted simply by issuing a subpoena or ordering you to download it.

This does not mean that you should avoid using the ‘private’ setting if you plan to keep your social media accounts active after the accident. Privacy settings can help to prevent other users from tagging you in photos or posting information to your social media pages. What I mean is that the ‘private’ settings only gives you a false sense of security that ‘nobody will see your account.’

Will Insurance Companies Look at My Social Media After a Car Accident?

An insurance company may look at your social media account. Plan on them looking at your account. Gone are the days when the worst thing an accident victim had to worry about in day-to-day life was an insurance investigator that could be doing video surveillance on his or her home or workplace. In the modern-day and age, all the insurance company needs to do is utilize social media in order to learn about the victim’s life following an injury claim.

To be clear: you should refrain from discussing the accident online whatsoever. Understand that it is extremely simple to say something that could be interpreted as damaging to your claim even when it seemed completely neutral when you contemplated it. Don’t post pictures of you partying or horseback riding or doing overly physical activities.

For example, think about these scenarios:

  • Publicly telling a well-meaning friend you are ‘doing well’ – frankly, more to be polite than the meaning you are actually ‘doing well’
  • Posting pictures showing you casually participating in an action that contradicts with the severity of your injuries that has been asserted by your doctors
  • Above all, keep in mind that the other side may be able to gain access to anything you post and use it as proof to dispute your claim to damages. Even deleting a post later doesn’t mean this evidence can’t be recovered by the right technological guru.

It is impossible to predict how the courts, juries, insurance companies, and the other party’s lawyer will interpret things you post online. For all of these reasons, it is best to keep off social media altogether during your recovery.

How Can I Protect Myself Online?

Once again, I cannot emphasize enough that the best thing you can do is get off social media entirely. However, if you cannot control yourself and need to post something online, you should, at minimum, understand things you can do to help protect your online image during this critical time.

These protective behaviors include:

  • Never admit fault or say anything incriminating online
  • Don’t post anything or message anyone about your personal injury case
  • Ask your online friends not to tag you in posts or post photos of you
  • Don’t show yourself being overly active

Have You Been Injured in an Accident Caused by Someone Else’s Negligence?

Whether you are concerned about your online presence or some other aspect of your personal injury claim, you should turn to a legal team you can depend on. A team that has the experience to get you results. The experienced Tampa personal injury attorneys at Fernandez and Hernandez, we have helped many people who have been injured because of someone else’s negligence and you can rely on us for the help you need to succeed. Contact us today at 813-229-5353 for help with your accident.

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Martin J. Hernandez, Esq.
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Dominique mason
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16:18 29 May 20
I had nothing but good experiences with Martin. He goes to great lengths to get the job done and makes sure you are... aware of all of your responsibilities. He will talk to you one on one and keep you up to speed. I am sincerely grateful and appreciative of his hard work and effort in my case.read more
Dustin Walker
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12:56 26 May 20
Martin handled my case well. He was on top of everything and it seemed like my case went smoothly. I actually enjoyed... meeting with the doctor he referred me to. I wouldn't hesitate to refer Mr. Hernandez to anyone that needed legal help.read more
Jesse Jimenez
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15:05 15 May 20
Martin and his team got me paid very fast. I got into an accident and 30 days later they got me more money for my car... and all the money there was and all within 30 days. These are the best injury lawyers in Tampa. Hire them and don't go anywhere else.read more
albert mckinzi
albert mckinzi
13:16 13 May 20
I am very thankful for the wonderful job that Martin and his awesome office staff did to settle a case for my grandma.... As people age, they do have trouble understanding legal matters and terminology & can get bewildered at times. They were very patient and explained everything in a way that could easily be understood. In this fast-paced world finding someone to have patience with older people shows true care for a client and their level of integrity, which means the world to us! I highly recommend them to anyone in need of his services. Our only disappointment was not knowing about him sooner. Thank you so much.read more
Luis Atencio
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00:55 07 May 20
The right attorney for the right legal assistance! Definitely five stars for the great legal assistance of the... attorney Hernandez and his staff. Very knowledgeable and lavish with his time, I feel very satisfied with his assistance as well with the help of his assistant Sofia, which led to a satisfactory results on my case.read more
Valerie Anderson
Valerie Anderson
18:17 28 Apr 20
First I want to say Thank you Mr Hernandez for your service in our community. I truly recommend Martin for your legal... needs. My Mom had a case pending when she passed.not re Not related to the accident but Martin went over and beyond to make sure me and my brothers was compensated. Keep up the good work Mr Hernandez we ruly appreciate you.read more
Jinnifer Stanley
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15:39 07 Apr 20
I was in a car accident and like some people weren’t sure how to handle it. I called a few lawyers but Mr. Hernandez... was the one who appeared to be more interested, not only as a lawyer but also as a human being. He made the process very smooth. He was a very great man and a lawyer. I am very thankful to him. I would recommend him to anyone.read more
Daniel Fernandez
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21:18 05 Mar 20
Martin Hernandez is highly regarded lawyer and a 5 star attorney. He and his staff are on top of their game. We... highly recommend this law firm and will tell you that you will not regret hiring this law firm.read more
Liliana Alvarez
Liliana Alvarez
19:33 02 Mar 20
Martin Hernandez and Daniel Hernandez are the best lawyers ever. They helped us a lot and we got great results. Thank... you!read more
Benjamin Blevins
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17:19 21 Feb 20
This is the best auto accident lawyer in Tampa. I was involved in a car accident and did not know what to do, who to... call, who to see, find a doctor that could help me, or even what to say. I called Martin Hernandez and he sat down with me and explained everything from beginning to end. He quickly resolved me my case and got me the most amount of money possible. When people ask me who is the best lawyer in Tampa? I always Martin Hernandez is the best auto accident attorney in Tampa..read more
dylan harper
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17:09 20 Feb 20
Martin was able to explain my case to me very well. I got good advice on what my particular options were and an honest... assessment of what I should expect going forward. When the world is falling around you its best to ask the smartest, hardest working person you can find what to do, and then do it.read more
Carmina Wilson
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16:39 19 Feb 20
I had an absolutely amazing experience with Martin’s firm. I had incurred personal injuries as a result of a bad auto... accident. His team not only treated me with respect, but they also made me feel like I was their only client. They handled my case with an astounding amount of expertise. Martin and his team is a lifesaver.read more
Katie Gulledge
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16:43 12 Feb 20
Mr. Hernandez represented me for my car accident in March 2019 and he was able to get my maximum settlement in less... than a year! He genuinely cares and has a great team of assistants that were able to answer any of my questions through the past few months.read more
cedrick wilson
cedrick wilson
15:17 05 Feb 20
I was in an accident lately and he was suggested by a friend. He met with me in person and was very punctual. He was... very calm and determined throughout my entire situation. Overall, I was extremely satisfied and impressed with Martin in reaching very positive results. I would recommend him and his office to anyone for solid advice and bottom-line results. Thank you again!read more
Tamika Jones
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22:29 06 Jan 20
My experience with Martin Hernandez has been stressful not on his part. Martin has been very patient with me when I... wanted to pull every strand of hair from my head. From day one he took time to explain the process of how this was going to be but he would be there to hold my hand all the way and he did just that. His paralegal Angela walked with and held both my hands as well during all of this. When I couldn't get ahold of Martin she would make sure he got everyone of my messages. I would use his services again and recommend him to anyone. Thanks so much for all you have done and I'm forever grateful.read more
Russell Craig
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20:51 19 Dec 19
Very pleased with how the case was handled. I hope to never be in this position again as it was a stupid mistake but... with the help of Martin Hernandez I didn’t even have to appear in court on my own. I highly recommend using him and his team, you wont be disappointed.read more
Nicholas Nagowski
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22:34 14 Nov 19
Worked with Martin in Tampa, Florida. He executed on everything he promised. A well run organization. He called me... back very quickly whenever I reached out, if not answering right away. Definitely would recommend Martin to my friends and family. Thanks again for everything.read more
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16:55 14 Nov 19
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Kimberly McLendon
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02:06 14 Nov 19
Martin Hernandez and his entire staff are extremely friendly,caring,knowledgeable, and treat you like apart of the... family. I hired Martin approximately 2 years ago. My case was a complicated one. But Martin Hernandez did an absolute amazing job. I was always kept current of what was going on with my case. Anytime I called, if Martin was unavailable his hard working staff got the answers I needed. I would recommend Martin Hernandez to everyone. He's dedicated to each case. If you're looking for a lawyer who doesn't just represent you,but welcomes you like family to his firm, Here's your answer. If I could give 50 stars I would. Thank you Martin& staff for all you did. Kimberly Mclendonread more
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My medical bills had been piling up long before I decided to contact an attorney, and by that time the statute of... limitations was close to ending. My friend recommended Martin Hernandez who is very knowledgeable and who saved me in my situation. My medical bills are finally taken care of because of the work of Martin and his team. From the very beginning, I have no doubt that’s why he had so many great reviews from others. And I am 100% satisfied client who definitely recommend him to anyone.read more
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14:49 01 Nov 19
Martin is the absolute sweetest most understanding lawyer I have ever met. He is very knowledgeable of every situation... and will get you the money that you are deserved. His staff is amazing I love everyone there I couldn't speak more highly of all of them. I would recommend Martin and his staff to my family and anyone who is in need of an attorney don't waste your time with others go see Martin he will take care of you !read more
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09:32 26 Oct 19
Martin is very professional, marvelous , and meet all expectations far as handling my family law case.I strongly... suggest him to anyone who is in need of the best lawyer in Florida. Finest lawyer I've ever meet and i thank him for winning my case . He'll be hired by me anytime needed.read more
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21:17 24 Oct 19
Great service. They took my case and guided me throughout the entire process with care and kindness. Thank you!
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21:02 27 Sep 19
He has been very helpful as my attorney and made himself available whenever I needed. There has been multiple times I... wanted to just take a deal to get it over with but he has continued to work for me to get me in the best situation possible. He is very easy to work with and passionate about helping. He is not just a great lawyer but also a great human being!read more
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Amazing attorney!! Martin Hernandez and his firm are the best you'll find. I have known Martin for years and he has... helped my sister and friends in their car accident cases. I can't say enough good things. He is very knowledgeable, kind, and will treat you like family!read more
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