The internet has become addictive. Some addictions are a good thing, like riding a motorcycle down a country road on a cool summer night. Some control your lives more, like spending hour after hour reading other people’s opinions on Facebook or Twitter.
Now, I’m not writing this article to scold you. And I don’t mean to imply that everyone who is active on Facebook is addicted.
The purpose is to let you know that insurance companies have started using people’s Facebook and other social media posts against them.
I simply ask that you refrain from mentioning your accident online for as long as it takes to resolve your claim.
Never Discuss Your Motorcycle Accident Case on the Internet
What types of online information can be used against you?
- blog articles
- website content you write
- chat groups you participate in
- social media account posts
- photo sharing accounts
- emails you send to certain people
- photo you post in galleries
- online dating site data
Basically any form of online communication that is cached (saved) can be accessed by the insurance company defense attorney and entered into evidence. Yes, it can even be obtained if you have tight security settings for public access.
How Your Postings Can Be Used Against You
Embarrassment aside, what you say or look like could be used to discredit whatever claims you may be making as a result of your motorcycle accident.
This is especially true if you are claiming emotional damages or loss of abilities.
For example, if you are seeking damages for “loss of enjoyment of life” and your Tinder account talks about all the physical things you like to do on dates it puts a serious question mark on how much loss of enjoyment you are experiencing.
Another example: For loss of wages, if are essentially claiming that you can’t physically do your job after your accident.
What if the attorney for the defense shows photos of you smiling and riding your motorcycle that they found on Flickr a month after your accident? What message does send to a jury?
I’m not saying that you can’t have happy moments during your recovery and still have a valid claim. But keep those moments private and off the internet.
If one of your Facebook friends asks how you are doing via your Facebook page, resist the temptation to put on your “positive attitude” and respond, “I’m doing great”. Maybe contact them offline to give them an update.
Or simply say “I’m working through it.” Or better yet, ask them how they are doing and ignore the question until you talk to your lawyer about responding.
I tell all of my clients, once you are involved in an accident, nothing about that accident should ever be discussed on the internet.
Use Your Motorcycle Accident Recovery Time Well
The time following your accident, during settlement discussions, might be a good time to figure out if you have a social media addiction.
If you are addicted to the internet, know that it is a real addiction. The first step in breaking the cycle of addiction is to admit your addiction.
You could use this time to experiment with abstaining from it altogether. Or to work on controlled entries on your pages. Maybe practice making your social media experience about learning new things, or keeping up with others more so than talking about yourself.
I hope you all find that you are not addicted and can withhold information about your motorcycle accident from your “followers”, for your own good.
For the record, I am not against using the internet. I believe it has a positive place in society as well as having drawbacks. This article is simply to inform you of the potential risks to the bottom line of your New Jersey motorcycle accident settlement after a motorcycle accident.
I can always be reached at 888-292-5352 (888-CYCLE-LAW) 24/7.
Do Yourself and Your New Jersey Motorcycle Lawyer a Favor
When you call and we discuss your accident, I will explain many things that will be important as we pursue your case. One of these things is to let me be your spokesman.
Run every request by me before speaking to insurance companies, doctors or anyone but me or your spouse.
Pennsylvania motorcycle accident attorney Lee D. Gaber, Esquire, has years of experience in handling motorcycle accident claims and how to get the best results.