After a collision, many people instinctively turn to Facebook, Instagram, or other platforms to update friends and family. However, what may seem like harmless sharing can have serious consequences for your legal case. At Naomi Ellis Law, we want clients in Durham and throughout North Carolina to understand that social media and car accidents do not mix well. Social media posts can significantly harm a car accident claim in North Carolina.
Anything you share online, whether it is a post, a comment, or a photo someone tags you in, may be used by insurers or defense attorneys to weaken your case. They often point to these updates as evidence that conflicts with your injury statements, makes your condition seem less serious, or raises doubts about your honesty.
When you bring a personal injury claim, the focus is on your health and recovery. Insurance companies and opposing attorneys often review social media for anything that seems to conflict with medical reports or testimony. For example, a post about attending a party while saying you cannot leave home due to pain could be used to suggest your injuries are less serious.
Even without direct photos of you, casual remarks or check-ins can suggest that your lifestyle has not changed much since the crash. Under North Carolina’s strict contributory negligence rule, as outlined in N.C. Gen. Stat. § 1-139, if insurers convince a jury that your actions reduce your credibility, it could potentially block recovery altogether.
In the days following an accident, you might post messages like “I’m fine” or share photos smiling with friends. While meant to reassure loved ones, these posts can work against you later. Defense attorneys may present them as proof that your suffering is minimal, even when medical evidence shows otherwise.
North Carolina evidence rules, specifically Rule 414 of the North Carolina Rules of Evidence, allow only certain records of medical expenses to be admitted in court. This means insurance companies are already motivated to minimize your damages. Any online activity that appears to support their position strengthens their effort to reduce payouts.
Credibility is everything in a car accident claim. Social networking platforms collect and distribute personal data, including posts, photos, and tagged content. According to the Electronic Privacy Information Center, these platforms track user behaviors and can provide a detailed picture of your daily life. Opposing parties can request access to this data, using it to argue that your testimony is inconsistent with your online activity.
For accident victims, this means that even one misleading post, comment, or shared photo can outweigh weeks of medical documentation in the eyes of a jury or insurer, significantly weakening your position.
While it is best to avoid posting altogether until your case is resolved, we understand that social media plays a daily role in many people’s lives. Here are practical steps you can take to protect your claim:
By following these steps, you reduce the risk of undermining your claim and allow your case to be judged on reliable evidence instead of online impressions.
Insurance companies are quick to use digital footprints against injury victims. At Naomi Ellis Law, we help clients in Durham and across North Carolina take the right steps to protect their claims from day one. We know that social media and car accidents often intersect, since online posts, photos, and activity can be used by defense attorneys to question your account. Our firm anticipates these tactics while building a strong case to protect you. If you were injured in a car accident, call us today at 919-444-4177 to discuss your situation and learn how we can help protect your rights.
Attorney Naomi Ellis is a dedicated personal injury lawyer known for her tenacity, compassion, and client-first approach. After moving from Australia to the U.S. as a student-athlete, she earned her law degree with honors and gained valuable experience at top firms before founding Ellis Law. Naomi is committed to helping injured individuals reclaim their lives through skilled, personalized legal representation.
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Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, Naomi Ellis who has more than 20 years of legal experience as a personal injury attorney.
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