Can the Insurance Company Deny Medical Treatment After an Accident?
Posted in: Insurance Issues
KNR Legal Blog
Do you know that nearly 70% of people share personal updates on social media daily? Unsurprisingly, social platforms like Instagram, Facebook, and TikTok have become our go-to spaces to connect.
But here’s another fact: insurance companies and their attorneys increasingly turn to social media to challenge personal injury claims. This means a single Instagram photo or Facebook comment could be twisted to question the severity of your injuries or even deny your claim altogether.
For car accident victims in Ohio, the stakes are high, and social media can become an unexpected threat to your compensation. At Kisling, Nestico & Redick (KNR), we’ve seen firsthand how innocent posts can harm even the strongest claims. As trusted Ohio personal injury attorneys, we’re here to help. Let us explain how social media activity can jeopardize your car accident claim and share practical tips to protect your case from insurance company tactics.
Social media lets you stay connected with friends and family regardless of your preferred app. This connection can feel especially important during tough times, like recovering from a car accident. It allows you to share updates, receive emotional support, and feel less isolated. However, the platforms that provide comfort can also be weaponized against you during an insurance claim.
Insurance adjusters and their large legal teams are highly skilled at combing social media profiles for evidence that can undermine your case. Even seemingly innocent posts—like a photo of you smiling at a family gathering—can be misinterpreted to suggest you’re not as injured as claimed. Similarly, location tags or activity updates can paint a picture that contradicts your injury or recovery narrative.
While your social media can feel like a lifeline during tough times, it’s best to exercise caution when you’re pursuing a personal injury claim.
While it’s natural to want to share updates with friends and family, even seemingly harmless posts can have serious consequences. Below are some common mistakes that could jeopardize your case, as well as real-world examples and advice about how to avoid them.
Sharing photos of the accident scene, your vehicle, or the other party’s vehicle might feel like a helpful way to document the incident or share updates. However, these images could backfire.
If you share a photo of your car with minimal damage, the insurance company will likely see it and argue that your injuries and resulting losses couldn’t be as severe as you claim. This may likely result in a significantly reduced settlement offer.
What to Do Instead:
Do not post any photos related to the accident. Keep all documentation private and only share it with your attorney.
Discussing your feelings, apologizing, or venting online might seem harmless, but adjusters can twist these posts to use against you.
For instance, a simple post saying, “I can’t believe this happened; I should have been more careful,” could be interpreted as an admission of fault, costing you much-needed compensation. Similarly, a post saying, “Feeling better today!” could suggest that any injuries were exaggerated.
What to Do Instead:
Keep updated about your accident and recovery off social media. Share any relevant information privately with close family or friends—and preferably, not online.
Even innocent statements can conflict with details in your claim, potentially damaging your credibility.
Let’s say you posted, “Thank goodness I’m fine,” shortly after the accident, only later to file a claim for severe neck and back injuries. Your post will likely be presented as evidence to undermine your case.
What to Do Instead:
Avoid discussing the accident, your injuries, or your recovery online. Keep your social media activity unrelated to the incident.
Friends and family often comment without considering the potential impact on your case. If a friend jokingly posted the comment, “You’ve always been a reckless driver,” on your otherwise harmless about the accident, it could potentially be used to question your driving history.
What to Do Instead:
We request that friends and family avoid commenting about the accident in your posts or theirs. Politely remind them that such comments could harm your case.
Many social media platforms track and display your location. These details can be misused to challenge your claim. An insurance adjuster may notice if you checked into a yoga studio shortly or participated in a recent 5K after claiming a severe back injury, arguing that their injuries were exaggerated.
What to Do Instead:
Turn off all location tracking features on all social media accounts during the claims process. This includes workout features, step counters, and other wellness apps.
Adjusters or defense attorneys may create fake profiles to gain access to private posts.
If you accept a friend request from an unfamiliar profile, it could be an adjuster or attorney looking for disqualifying evidence like private posts to your followers showing a weekend trip to argue that your injuries were not limiting your ability to travel or enjoy life.
What to Do Instead:
Avoid new friend requests, especially from people you don’t recognize, while your claim is active.
It may be tempting to share your perspective, but public comments can become evidence. Imagine scrolling through your local news outlet’s Facebook page and seeing a post about your car accident. Frustrated with how the story is being told—or eager to share your side—you decide to comment. Perhaps you clarify details, mention how the other driver was at fault, or express gratitude for surviving.
You may not realize that everything you type in a public forum can become evidence. Even if you intend to correct misinformation or express emotion, such posts can have unintended consequences. For example, saying, “It wasn’t that bad of an accident, but I’m still shaken up,” could be interpreted to suggest that your injuries are minor, even if they worsen later or weren’t fully diagnosed at the time.
What to Do Instead:
Avoid commenting on news stories, forums, or public discussions about the accident. Leave all public communication to your attorney.
Even private posts aren’t always safe—if a mutual friend shares your content, it can end up in the hands of insurance adjusters or defense attorneys.
For example, a private update about your recovery could be misconstrued or used to argue that your injuries aren’t as severe as claimed. To protect your case, ensure your privacy settings are strict, and ask friends not to share or comment on anything related to your accident.
What to Do Instead:
Review and update your privacy settings regularly. Limit who can view your profile and ensure only trusted individuals can access your posts.
Insurance adjusters have large legal teams and considerable resources. As a result, they actively monitor social media accounts of injury victims with claims against them to find evidence they can use to minimize or deny your claim.
Common strategies they employ:
While it’s best to avoid social media altogether during your case if you choose to stay active, follow these practical steps to safeguard your compensation:
Switching your accounts to private is an essential first step, limiting who can see your posts and updates. However, even private posts aren’t fully secure—insurance companies can subpoena your social media activity or gain access through mutual connections.
Pro Tip: Adjust privacy settings on all platforms and restrict past posts so they’re only visible to close friends or family.
Please refrain from posting anything related to the accident, including details about the incident, injuries, or recovery. Adjusters can misinterpret or twist even casual mentions or emotional updates.
Pro Tip: Tell friends and family not to post or comment about the accident. A well-meaning post from someone else could still harm your case.
Turn off location tracking features on all social media platforms and apps, including fitness and wellness apps. Posts or updates that reveal your whereabouts could be used to challenge your claims about injury severity or mobility.
Pro Tip: Avoid checking in at events, tagging locations, or using geotagged photos during the claims process.
Go through your old posts and remove or restrict access to any content that could be misinterpreted. Even unrelated posts showing activities like exercising or traveling could be used to argue against your claim.
Pro Tip: Use privacy tools on platforms like Facebook to limit who can see your timeline and past activity. This is especially important if you’ve previously posted about your accident or injuries.
If you’re unsure about your online presence after being injured in a car accident, consult with your attorney for additional guidance tailored to your case.
Yes, but proceed with extreme caution. Avoid posting anything related to the accident, injuries, or recovery. Even seemingly unrelated posts could be misinterpreted, so minimizing activity and focusing on private communication is best.
Inform your attorney immediately and review your posts with them. They may recommend deleting or restricting access to specific posts, but ensure this is done carefully, as deleting posts could be seen as destroying evidence in some cases.
Absolutely. Posts, comments, or photos from friends and family can still be used against you, even if you’re not directly involved. To protect your case, politely ask them to avoid discussing the accident or your condition online.
It’s best to avoid posting photos or TikTok videos that could be misinterpreted. Images of you participating in activities or appearing active may be used to argue that your injuries are not as severe as claimed.
If you choose to document your recovery, ensure it’s entirely private and only visible to trusted individuals. However, even private documentation carries risks, as it can be subpoenaed. Consult your attorney before sharing anything online.
Yes, past posts can be reviewed and used to question your credibility or behavior. For example, posts about pre-existing injuries or reckless behavior could weaken your claim. Review your history and restrict access to potentially harmful content.
Social media use can be a considerable risk to your personal injury claim—a single post or comment could cost you thousands in compensation. Safeguarding your online presence is critical to protecting your rights and maximizing your settlement.
At KNR, we understand the tactics insurance companies use to undermine claims. With our experience and considerable resources, we’ll guide you through every step and fight to recover everything you deserve.
Contact KNR today at 1-800-HURT-NOW or submit a request for a free consultation and personalized advice.