Social Media Mistakes After a Car Accident

The One Post That Could Cost You Big

One photo. One casual post. One half-joking comment. That’s all it takes to derail your injury claim. Car accident attorneys have seen solid cases crumble over something that felt totally harmless at the time.

As soon as you file a claim, insurance companies start snooping. Facebook, TikTok, Instagram, LinkedIn, they check them all. They’re not being nosy; they’re looking for a reason to say you’re not as hurt as you claim. It could be a forced smile for a photo or a check-in at dinner with friends. Suddenly, your recovery looks a little too cheerful and they’ll twist that into something it’s not.

Laws about digital evidence aren’t identical everywhere. New York enforces strict standards on what you can and can’t delete. Other states like Maine, Vermont, and New Hampshire follow similar principles, though they may not treat social media content as aggressively. Horn Wright, LLP, helps clients in all these regions understand how even one post can shape the outcome of a case.

Five Innocent Posts That Can Wreck Everything

You’re just trying to feel a little normal. Maybe you want to let people know you’re okay or distract yourself by posting something funny. But what seems lighthearted to you can be used against you fast. Even a joke about trading in a wrecked car could raise questions about the severity of your crash if it ends up in the wrong hands.

When you're in the middle of a claim, even humor can be taken out of context and used to challenge your version of events.

If you’ve got an injury claim in motion, here’s what to avoid:

• Talking about the crash. Even a “Just got rear-ended but I’m fine!” can create problems later if your story changes or your symptoms get worse.
• Sharing photos while out and about. That happy photo at a birthday party? It could be taken out of context to argue that your injuries aren’t that serious.
• Accepting new friend requests. Some investigators create fake profiles. If you accept the wrong person, they could be watching everything.
• Posting anything about the case. Whether you’re frustrated or venting, your words can be used against you, even if you delete them later.
• Leaving your account wide open. Private settings aren’t bulletproof. Screenshots, tags, and public comments still leave a trail.

Something that feels like no big deal can easily get blown up into a reason to question your entire claim.

And here’s another twist, common accident injuries like whiplash or back pain don’t always show up in pictures. But insurers love using your social media to argue that you’re exaggerating.

Surveillance by Scroll: How They Flip Your Feed Against You

Insurance companies are watching, and they’re watching closely. They know how to take a single moment and spin it into “evidence.”

Once your claim is filed, everything you post becomes part of the investigation. A TikTok where you’re smiling? A vacation photo you shared late? Doesn’t matter if you were actually in pain. They’ll use it to say you’re fine.

People have had their claims hurt by an old gym photo, or a video dancing with their kids, even if those posts were from before the accident.

The truth is, perception can matter more than reality. And it’s not just the obvious stuff. Tagging, likes, even your tone can be misread. Privacy settings won’t shield you. Investigators know how to screenshot, dig, and get access if needed.

So yeah, that post you shared to lift your mood? It might be twisted into something you didn’t intend.

Social Media Triage: Stop the Bleeding Before It Spreads

Worried you’ve posted something you shouldn’t have? You’re not out of options. The key is to stay calm and make smart moves before that post becomes a bigger problem. What you do next could help contain the damage or unintentionally make things worse. That’s why it’s critical to respond with care and strategy, not panic.

Here’s how to regain control:

• Go quiet. No more posts, comments, or reactions. Going silent protects you.
• Lock your account down. Review privacy settings. Limit who can tag you. Clean up what’s publicly visible.
• Be cautious with requests. If you don’t personally know someone, don’t let them in.
• Ask people not to tag you. Even being in someone else’s post can send the wrong signal.
• Don’t delete anything. Really. Taking down content can backfire. It might be flagged as evidence destruction. That’s serious.

You might feel the urge to clean house online, but post-accident actions like deleting content could hurt more than help.

Be thoughtful, not reactive. You’ve got more control than you think.

Swipe Carefully: Every Click Can Come Back to Bite You

What you post says more than you think. Even a simple emoji or like can shift how others view your injury.

Waiting on lost wages? One photo showing you at an event could be twisted to argue that you’re well enough to work. That’s how lost wage delays happen.

And deleting something risky could be a serious mistake. Under New York Penal Law § 215.40, hiding or removing content during a legal case could be seen as tampering.

Investigators pick apart your tone, timing, and message. One post might not say much. But stacked together? They create a story.

You don’t want that story working against you.

Ask yourself before you post: “Could someone twist this?” If the answer isn’t a clear no, don’t do it.

One Click Away from Trouble: Why Silence Protects You

It’s easy to feel lost after a crash. You’re in pain. Bills are piling up. And now social media feels like a trap. Even when you mean well, even when you just want to stay connected, those posts can be used to question you. The smile. The check-in. The funny caption. It can all be flipped.

Your safest option? Step back. Stay quiet. And if you’re not sure what’s okay to share, ask someone who knows how this all works.

Contact Horn Wright, LLP, to connect with a team of car accident attorneys who get how social media and injury claims collide and know how to help you keep your case on track.