If you were injured in a crash, what you post on TikTok could wreck your accident claim. Insurance adjusters and defense attorneys often scour social media platforms for evidence they can use to deny or minimize injury claims. A seemingly harmless video could be misinterpreted or used out of context to cast doubt on your injuries or your version of events, jeopardizing your right to compensation.
In recent years, TikTok has grown into one of the most popular social media sites. This platform is video-oriented, as users often develop and share viral videos that are short and entertaining. Oftentimes, the public can easily access users’ profiles. Insurers and accident investigators often access these types of videos to attempt to disprove claims.
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How TikTok Could Affect Car Accident Claims
Due to their public nature, accessing someone’s TikTok videos is typically as simple as clicking on their profile. These videos can be used as evidence in an accident claim to either prove or disprove your injuries and how serious they are. Posting videos of yourself engaging in your typical behavior can lead adjusters and accident investigators to assert that your injuries are not that serious, or that you are not injured at all. This could seriously hurt your claim, even leading to a denial in some cases.
Insurance Companies and Accident Investigators Check Your Social Media
After a crash, insurance adjusters and accident investigators may check your social media to determine if there are any posts that could devalue or invalidate your claim. This is common practice, and, unfortunately, this evidence holds up in court.
Videos showcasing you dancing, running, exercising, or lifting heavy objects are all examples of posts on TikTok that can hurt your injury claim. TikToks like these can lead to the assumption that your injuries are not as serious as they are.
Additionally, you should not talk about your accident on TikTok or any other social media platform. The other team’s lawyer may twist your words and use them against you to make it seem that you’re at fault, even if you aren’t.
You may think you’re safe because your posts are set to private, however, investigators and adjusters can sometimes get around these restrictions, and the people with access to your videos can still share them.
It is in your best interest to avoid posting about the accident at all. No videos of your recovery, progress, diagnoses, or anything else relating to the case should be posted in order to protect your rights.
Should I Delete Videos From My TikTok After My Accident?
You should not delete videos from your TikTok after your accident. Doing so may raise suspicion, and could be considered destruction of evidence. In some cases, it may even result in legal sanctions or damage your credibility in court. Instead, consult with your attorney about how to handle existing content and adjust your privacy settings moving forward.
What Should I Do to Protect My Claim?
In order to protect your claim from damage due to TikTok or other forms of social media, there are a few precautions you should take.
- Avoid making posts: Avoiding making social media posts of any kind until the case is resolved is the easiest way to ensure your TikTok cannot be used against you in your case.
- Ask loved ones to avoid posting about you: Make sure those closest to you know to not make any posts about you. This includes videos, stories, pictures, or tagging you in posts. Even well-meaning posts could do damage to your claim.
- Do not delete old posts: Deleting old posts can lead to the assumption that you are destroying evidence, so keep those posts up, even if you think they may damage your claim.
Remember: even if your account is set to private, adjusters and investigators can still access them in some cases during your investigation. Do not assume your videos are safe just because your account is private.
The Importance of Carefully Maintaining or Minimizing a Social Media Presence
It’s often in people’s best interests to avoid using social media at all while an accident claim is under investigation. Many users might still feel compelled to use their favorite platforms, including TikTok.
If an individual plans on using TikTok after an injury, it’s important to avoid posting any videos that may lead investigators, insurers, or other parties to question the validity of an injury claim.
While it’s important to avoid posting anything incriminating, it’s equally important to avoid deleting any posts during an investigation. If an individual deletes videos, investigators may perceive this as an attempt to destroy evidence, which can lead to the denial of a case or reduced compensation.
Following any type of accident, it’s ideal to avoid using social media as much as possible until investigations are completed. If accident victims want to continue using TikTok, it’s important to avoid posting potentially damaging videos.
Your attorney can best advise you on what posts are okay to make and what you can and cannot say on your social media. Even if you make an honest post about your injuries/recovery progress, that too can be misinterpreted or misconstrued, which could hurt your accident claim.
If you have already made a post and are worried it could hurt your claim, talk to your attorney as soon as possible. There is no substitute for legal advice after a crash.
