Will Making a TikTok About My Car Accident Hurt My Claim?

May 11, 2020

Over the past year, TikTok has joined the ranks of popular social media platforms such as Instagram and Twitter. The app is known for its short, fun videos and catchy music. And, as is the case with other social media applications, TikTok videos can absolutely be used as evidence in a personal injury claim.

In general, if you were involved in any kind of accident, do not post about it online. Whether you filed a personal injury claim after a car accident, work-related accident, or bad fall, keep your injury off the internet. Otherwise, the insurance company could use your social media against you.

Insurance Investigators Track Social Media – Even TikTok

It’s perfectly normal to feel upset after an accident. If you are like many other people, social media can be a healthy outlet to vent your frustrations. But be aware that insurance investigators may be watching, and using your posts to justify a smaller settlement.

If you vented on TikTok about your car accident, the insurance company can use your video as evidence against you.

Did you know even something as simple as an emoji can have an effect on your claim? The tricky thing about emojis is they are up to the reader’s interpretation. Even if your emojis didn’t mean any harm, the ones used in posts about your personal injury incident could affect your claim.

Any Excuse to Deny Your Claim

Insurance companies will thoroughly scrutinize a person’s social media accounts to determine whether or not they will pay your claim. There are many reasons an insurance company could assign you more fault for the accident based on your social media.

For instance, they could look for inconsistencies between your official statement and the story you tell in your posts. It’s perfectly normal for your friends, family, and TikTok followers to be concerned about your wellbeing. Posting updates about your recovery is an easy way to let everyone know you’re okay, but this isn’t advisable. Deviating from the official version of the event could be grounds to deny your claim. 

Choreographed dances are a popular trend on TikTok. If you’ve claimed that your injuries are so severe that you need intensive treatment but you post a TikTok of you doing a difficult dance routine, it would be easy to poke holes in your claim. The insurance company could say that you weren’t truthful about the severity of your injuries, or that your injuries were worsened because of the TikTok dance, not the accident.

Even if you stick to your statement in your TikToks, your discussion of the accident in the comments section can also be used against you. If you and your friends make jokes and leave laughing emojis in the comments, even if you were just kidding around, the insurance company could use it to try and assign you a higher percentage of fault for the car accident.

At the end of the day, personal injury claims and social media just aren’t a good mix.

What if You’ve Already Posted?

In that event that you’ve already posted about the accident, do not delete it. Insurance investigators may take this as an admission of fault for the accident, which will significantly hurt your chances of recovering any damages.

You may want to consider disabling your social media accounts for a while at least. That way you can’t post anything that could unintentionally hurt your claim. No one intends to ruin their own chance to recover damages, but careless social media posts can and often do more harm than good.

As with any other type of social media post you may make, it is always a good idea to think before you post. If you want to successfully recover damages, you can’t afford to be careless with your social media accounts. Be wary of who may be watching and keep important information confidential.

Help from an Indianapolis Personal Injury Lawyer

If you were injured and want to file a personal injury claim, seek out the legal counsel of a qualified Indiana personal injury attorney. They can provide you with advice and answer any questions you may have about using social media during your case. Don’t lose out on a fair settlement because you weren’t fully informed about the consequences of your actions.

Working with an Indiana personal injury attorney can help you understand your options and what kind of damages you could recover. At Hensley Legal Group, our team of personal injury lawyers are here to help. Call, text, or chat with us online for a free consultation about your claim.