Social Media Can Kill Your Albany Personal Injury Case 

Got injured? You're probably overwhelmed with pain, bills, and a million questions about what comes next. And if you're like most people, you might turn to social media to vent, update loved ones or just escape reality for a bit. But here’s the thing—one wrong post could destroy your injury claim.  

The personal injury lawyers at Horn Wright, LLP, know exactly how insurance companies twist your words against you. We’re here to make sure that doesn’t happen. 

How Insurance Companies in Albany Use Your Social Media to Deny Your Claim 

Insurance companies don’t play fair. Their job is to pay you as little as possible. That’s why they’re watching your social media like hawks, looking for any reason to deny your claim. Even an innocent post about grabbing coffee with a friend can be used to argue that you're not as hurt as you say. And don’t think a private account will protect you: anything you post can still be used against you in court and is typically discoverable under New York CPLR. 

The Secret Ways Insurance Adjusters Spy on You 

Insurance companies don’t just sit back and wait for you to file a claim. They’re actively watching, searching for ways to minimize or deny your payout. And they’re sneakier than you think. Here’s what they do: 

• They stalk your social media. Adjusters check your posts, comments, and even tagged photos, looking for anything that contradicts your claim. Say you’re recovering from a back injury but post a picture at a friend’s wedding, smiling and standing tall. They’ll use that to argue you’re exaggerating your pain. Courts have ruled that public social media content is fair game in personal injury cases. 
• They send fake friend requests. If you get a request from someone you don’t recognize, don’t accept. Some adjusters create fake profiles just to follow private accounts. However, some courts have ruled that deceptive tactics like this may violate privacy laws and ethical guidelines set by the American Bar Association. 
• They track your tags. Even if you’re not posting, your friends might be. If someone tags you in a photo at a party or mentions you in a comment about a weekend trip, that’s evidence they can use. You might not even realize it’s happening—until it’s too late. Under the Federal Rules of Evidence (FRE), social media content can be authenticated and used as evidence in court. 
• They check your fitness apps. Think your Strava or Apple Health data is just for you? Not necessarily. If your account is public, insurers can see your activity. In one case, a man claiming mobility issues had his disability claim denied when his fitness tracker showed he was running several miles a week. Digital activity, including fitness data, has been used as admissible evidence under the Electronic Communications Privacy Act. 
• They hire private investigators. Social media isn’t their only tool. If they think your claim is suspicious, they might send someone to watch you. There have been cases where claimants were filmed doing things they swore they couldn’t—like lifting groceries, jogging, or working on their car. Surveillance evidence is generally admissible in court under state-specific privacy laws unless it violates reasonable expectations of privacy. 

Best way to protect yourself? Stay off social media, don’t accept new friend requests, and remind your friends not to tag or mention you. What seems innocent to you could be exactly what the insurance company needs to shut down your claim. 

What Posts, Comments, and Messages Could Be Used Against You? 

You might not realize it, but the smallest thing can be twisted to work against you. Here’s what you need to watch out for: 

• Photos or Videos – A picture of you at a birthday party, even if you were sitting the whole time, could be spun to say you’re fine. 
• Location Check-ins – Checked in at a park? The insurance company may claim you’re more active than you say. 
• Status Updates or Comments – Something as simple as replying "I'm doing okay!" to a friend’s message can be used to downplay your injuries. 

Deleted Doesn’t Mean Gone—How Lawyers Retrieve Old Posts 

Think deleting a post makes it disappear forever? Not even close. Insurance companies and lawyers have tricks to dig up old social media activity—even stuff you thought was erased.  

• Screenshots last forever. If someone screenshotted your post before you deleted it, it’s still out there. Nearly 74% of social media users admit they take screenshots to save things for later. And you better believe insurance adjusters and defense lawyers are among them. 
• Social media companies keep records. Even if you delete a post, platforms like Facebook and Instagram store backups. If a lawyer subpoenas your account, those “deleted” posts might still show up. Under the Stored Communications Act, social media companies can be legally required to provide stored data in civil litigation cases, including personal injury lawsuits. 
• Cached pages and internet archives. Ever heard of the Wayback Machine? It’s a tool that saves old versions of web pages, including public social media accounts. Google caches pages too, meaning your deleted content might still exist in a searchable archive. And under the Federal Rules of Civil Procedure (FRCP), lawyers can request electronically stored information—including social media data—during discovery. 
• Your friends’ accounts. Even if you delete a post, what about the people who liked, shared, or commented on it? If someone saved your post, it could still surface in court. And if you sent a private message about the accident? That’s stored on the recipient’s device, even if you delete it on your end. 

Bottom line? If it was ever online, assume it can be found. That’s why it’s smarter to go silent after an accident. No posts, no comments, no risks. 

Think Your Private Messages Are Safe? The Shocking Truth 

A lot of people assume private messages are off-limits. Wrong. If the insurance company thinks there’s something valuable in your DMs, they can request access. That "feeling better today" message to a friend? It could cost you thousands in settlement money. The Electronic Communications Privacy Act does provide some privacy protection, but courts may still compel disclosure if relevant.  

Smart Social Media Strategies to Protect Your Injury Claim 

Want to protect your case and keep your social media in check? Here are some tips to help you out. 

• Stop Posting – Seriously. Just go silent on social media until your case is over. 
• Lock Down Privacy Settings – Set everything private, but remember, nothing is truly hidden online. 
• Don’t Talk About Your Case – Not even vague posts. "Rough day" could be twisted against you. 
• Tell Friends & Family – Ask them not to post about you or tag you in anything. 
• Think Before You Share – Even an unrelated post could be misinterpreted. Avoid vacation photos, gym check-ins, or anything that makes you look "too healthy." 

Protecting your case is all about staying smart. One careless post could cost you thousands—or even your entire settlement. 

Social media is a dangerous game when you’ve got an injury claim on the line. Don’t let a simple post ruin your case. Our Albany personal injury lawyers at Horn Wright, LLP, fight to make sure you get what you deserve. If you’re looking for top-tier legal representation, you should definitely consider hiring one of the best law firms in America.  

Need help navigating your claim? Contact us today, and let’s talk about how to protect your rights and maximize your compensation.