Why You Should Be Careful Posting on Social Media After a Car Accident | U.S. Legal Life Guide 1000 (39)

 

Meta Description: Learn why social media posts after a car accident can affect insurance and injury claims, what not to post, why deleting evidence can be risky, and how to protect yourself.

Last Updated: September 7, 2026

You are injured in a car accident.

A few days later, you post a photograph on Instagram:

“Finally getting out of the house!”

The photograph shows you smiling at a restaurant.

A friend comments:

“Glad you're totally better!”

You reply:

“Much better!”

Several weeks later, the insurance company questions your claim that you still suffer serious back pain.

Did your social media post prove you were not injured?

Not necessarily.

A person can smile in a photograph while still experiencing pain.

Someone can attend a family dinner while still being unable to perform their normal job.

But the post may create an issue that now requires explanation.

That is why one of the safest habits after a serious automobile accident is:

Be extremely cautious about what you post online.

Social-media posts, photographs, videos, messages, location records, and other electronically stored information can potentially become relevant evidence in litigation. Federal Rule of Civil Procedure 26 allows discovery of nonprivileged information relevant to a claim or defense and proportional to the needs of the case, while Rule 34 expressly includes electronically stored information, photographs, sound recordings, images, and other electronic data.

The important rule is not:

“Delete all your social media.”

In fact, deleting relevant material after litigation is reasonably anticipated can create a separate problem.

The better approach is:

Preserve existing evidence and stop creating unnecessary new evidence.

Quick Answer: Should You Post on Social Media After a Car Accident?

For a serious injury or disputed insurance claim, the safest practical approach is usually to avoid posting about the accident, your injuries, your activities, the other driver, the insurance company, or the lawsuit.

Be particularly careful with:

• Accident photographs

• Statements about fault

• Injury updates

• Vacation pictures

• Gym photographs

• Running or cycling records

• Check-ins

• Videos showing physical activity

• Comments about settlement

• Communications with witnesses

• Angry posts about the other driver

And once a claim or litigation exists or is reasonably anticipated:

Do not delete potentially relevant posts without first understanding your preservation obligations.

1. Why Would an Insurance Company Care About Social Media?

An automobile injury claim often asks questions such as:

How seriously were you injured?

What physical activities can you no longer perform?

Did the accident affect your work?

Did the accident affect your daily life?

Social-media content can potentially be compared with those claims.

For example:

Claim:

“I cannot lift heavy objects.”

Post:

Video showing you moving furniture.

That does not automatically defeat the claim.

Maybe the video was old.

Maybe someone else did most of the lifting.

Maybe you experienced severe pain afterward.

But the insurer now has something to investigate.

2. Insurance Claims Are Evidence-Based

An adjuster may review:

• Police report

• Medical records

• Witness statements

• Photographs

• Video

• Employment records

Social-media evidence can become another piece of the overall factual picture.

Do not think of your Instagram, Facebook, TikTok, X, or other account as completely disconnected from your insurance claim.

3. A Public Post Is Easy to Find

If your account or post is publicly visible, another person may be able to see it without asking your permission.

This can include:

• Insurance investigators

• Defense attorneys

• Other parties

• Witnesses

The practical lesson is simple:

Never assume that a public post will remain inside your circle of friends.

4. Privacy Settings Help, but They Are Not a Legal Force Field

Changing an account from public to private can reduce casual public access.

But it does not necessarily make relevant information immune from litigation procedures.

Federal discovery rules permit parties to seek relevant, proportional, nonprivileged electronically stored information. California Courts likewise explains that civil discovery allows parties to request relevant documents and other evidence from the opposing party.

Whether a particular private social-media item must actually be produced depends on:

• Relevance

• Scope

• Privacy protections

• Privilege

• State rules

• Court orders

• Proportionality

So:

Private does not necessarily mean legally undiscoverable.

5. Social-Media Discovery Is Not Unlimited

The opposing side generally does not automatically receive unlimited access to every detail of your personal life simply because you filed a claim.

Discovery must still satisfy applicable legal requirements.

Under federal Rule 26, discoverable information generally must be relevant to a claim or defense and proportional to the needs of the case.

That means a request for relevant accident-related posts can be very different from:

“Give us every message and photograph from your entire account for the last ten years.”

Overly broad requests can potentially be challenged.

6. California Also Recognizes Special Procedures for Social-Media Records

California Courts specifically notes that subpoenas seeking communications such as:

• Email

• Social media

• Text messages

can involve special protections and consent requirements, along with opportunities to object to certain record requests.

This is another reminder that:

Social-media content can matter in litigation, but obtaining it must follow applicable legal procedures.

7. Texas Discovery Rules Also Cover Electronic Information

Texas's current Rules of Civil Procedure, effective in their current March 2026 version, allow discovery of relevant documents and tangible things including:

• Photographs

• Electronic recordings

• Video recordings

• Data

• Data compilations.

Texas rules also expressly recognize electronic images of underlying facts, including accident-scene photographs, as potentially discoverable evidence.

Therefore, automobile accident evidence is not limited to paper.

8. Do Not Post About Who Caused the Accident

Avoid statements such as:

“I should have seen him coming.”

“Maybe I was driving a little fast too.”

“It was partly my mistake.”

You may be expressing emotion rather than making a careful factual statement.

But an insurance company may interpret the post differently.

Describe accident facts through appropriate insurance, police, and legal channels.

9. Do Not Attack the Other Driver Online

Avoid posts such as:

“The idiot who hit me deserves to lose everything.”

or:

“I'm going to make sure this driver pays.”

Those comments do not help establish:

• Fault

• Injuries

• Damages

They may instead create unnecessary credibility or litigation problems.

10. Do Not Post About the Insurance Adjuster

Avoid:

“The adjuster is a criminal.”

“I'm going to destroy this insurance company.”

If you believe the insurer is handling the claim improperly:

• Document communications

• Request decisions in writing

• Escalate internally

• Contact the state insurance regulator when appropriate

Use formal processes.

11. Be Careful Posting Accident Photos

Accident photographs can be valuable evidence.

But before posting them publicly, ask:

Why am I putting this evidence on social media?

A public caption could create unnecessary issues.

Example:

“Doesn't look like much damage, but I’m about to get paid!”

That sentence can become much more problematic than the photograph itself.

Preserve accident photographs privately.

12. Keep Original Accident Photos

Do not rely only on compressed social-media copies.

Preserve original files containing:

• Resolution

• Date

• Time

• Metadata where available

Original evidence is generally more valuable than screenshots copied repeatedly through social media.

13. Do Not Edit Accident Photos to Make Damage Look Worse

Never:

• Add damage

• Remove objects

• Alter timestamps

• Manipulate an image deceptively

A legitimate claim should use legitimate evidence.

Image manipulation can destroy credibility and potentially create much more serious problems.

14. Injury Posts Can Be Taken Out of Context

Suppose you post:

“Feeling great today!”

You mean:

Better than yesterday.

The insurer might argue:

Claimant reported feeling great despite alleging continuing pain.

Context matters.

But why create that dispute?

You do not need to publish your daily medical condition online.

15. Avoid Posting Detailed Medical Information

Do not post:

• MRI results

• Prescription photographs

• Medical bills

• Doctor's notes

• Detailed diagnoses

There may be privacy reasons to keep this information private.

Provide medical evidence through appropriate claim or legal channels.

16. A Smiling Photograph Does Not Prove You Have No Pain

People with injuries:

• Attend birthdays

• Smile for photographs

• Go to restaurants

• Spend time with family

None automatically proves the person is pain-free.

However, an isolated photograph can still become an argument in an insurance dispute.

This is why context matters—and why unnecessary posting creates unnecessary work.

17. Vacation Photos Can Create Questions

Suppose you claim:

“My back injury severely limits travel.”

Then you post photographs from:

Hawaii

two weeks later.

That does not automatically mean the injury claim is false.

Perhaps the vacation was already paid for.

Perhaps you spent most of the trip resting.

But expect questions.

18. Do Not Stage Your Life Around the Claim

The solution is not:

Pretend to be miserable online.

Do not create fake images of yourself lying in bed.

Do not intentionally make your life appear worse than it is.

The correct approach is:

Live truthfully and stop broadcasting unnecessary personal information about the claim.

19. Gym Posts Can Be Especially Significant

Suppose medical records say:

No lifting over 15 pounds.

Then you post:

“Back to deadlifting!”

That could create a significant issue.

Even if the photograph was:

• Old

• Reposted

• Taken before the accident

you may need to establish that fact.

20. Running and Cycling Apps Can Also Create Digital Evidence

Social media is not limited to Facebook or Instagram.

Fitness platforms can document:

• Running distance

• Cycling distance

• Hiking

• Exercise time

• Location

If physical limitations are part of the claim, this information can potentially become relevant.

That does not mean injured people cannot exercise.

Follow medical advice.

The issue is whether the activity contradicts what is being claimed.

21. Be Careful With Strava and Similar Fitness Sharing

Example:

Claim:

“I cannot walk more than a few blocks.”

Public fitness record:

5-mile run.

That contradiction may be difficult to explain.

If the activity is medically appropriate rehabilitation, document it accurately.

Never make inaccurate claims about your limitations.

22. Location Check-Ins Can Matter

A social-media check-in may show:

Where

and

when

you were somewhere.

This can potentially become relevant when the claim concerns:

• Work absence

• Travel

• Physical activity

• Accident timeline

Think carefully before broadcasting location data.

23. Metadata Can Also Exist

Digital content can contain information beyond the visible photograph.

Depending on the file and platform, electronic data may include:

• Date

• Time

• Device information

• Location

In litigation, electronically stored information can be subject to discovery procedures when relevant and proportional. Federal Rule 34 expressly includes electronically stored information, images, photographs, recordings, and other data.

24. Comments From Friends Can Create Problems Too

You post:

“My back hurts after the accident.”

Friend:

“But you were dancing all night Saturday!”

That comment now exists beside your injury post.

Even if the friend is joking, the comment may require explanation.

25. Ask Friends Not to Post About Your Accident

You cannot control everyone.

But you can politely ask family and close friends not to publicly post:

• Accident details

• Hospital photographs

• Injury updates

• Settlement information

Do not ask anyone to lie.

Do not ask them to delete existing evidence improperly.

Simply ask them not to create unnecessary new posts about your case.

26. Tagged Photos Can Matter Even If You Did Not Post Them

A friend may upload:

Birthday party photo

and tag you.

The photograph may become associated with your account even though you did not create it.

Review your privacy and tagging settings.

But again:

Do not destroy relevant evidence once preservation obligations may exist.

27. Stories Are Not Necessarily “Safe” Because They Disappear

A disappearing story may still be:

• Screen-captured

• Saved

• Shared

• Preserved elsewhere

Do not post something merely because you believe it will automatically vanish in 24 hours.

Someone else may already have a copy.

28. Private Messages Can Also Become Relevant in Some Cases

Direct messages are different from public posts.

But relevant electronic communications can potentially become subjects of litigation discovery, depending on jurisdiction, relevance, privilege, and applicable privacy protections.

California Courts specifically notes special procedures surrounding subpoenas for social media, emails, and text communications.

Do not assume:

DM = impossible for anyone else ever to obtain.

29. Attorney Communications Are Different

Communications with your attorney may be protected by attorney-client privilege when the legal requirements for privilege are satisfied.

Do not post or forward confidential legal advice to:

• Friends

• Public groups

• Social media

Sharing privileged communications unnecessarily can create privilege issues.

Consult your attorney before sharing legal advice.

30. Never Post Your Attorney's Strategy

Avoid:

“My lawyer says we're going to make them pay $500,000.”

or:

“Our strategy is to prove the driver was texting.”

Keep legal strategy private.

31. Do Not Post Settlement Negotiations

Avoid posting:

“Insurance offered $25,000 but I'm holding out for $100,000.”

Settlement discussions can involve complex evidentiary and confidentiality issues.

There is little benefit to broadcasting negotiations publicly.

32. Do Not Announce a Settlement Before Reviewing Confidentiality Terms

Some settlement agreements contain confidentiality provisions.

Before posting:

“I just won $200,000!”

read the actual settlement agreement.

A disclosure could potentially create contractual issues depending on its terms.

33. The Biggest Mistake May Be Deleting Posts

Suppose you realize:

“That gym video looks terrible for my case.”

Your immediate instinct might be:

Delete it.

That can be dangerous.

Once litigation is pending or reasonably foreseeable, relevant electronically stored information may have to be preserved.

34. Federal Rule 37(e) Specifically Addresses Lost Electronic Evidence

Federal Rule of Civil Procedure 37(e) applies when electronically stored information that should have been preserved in anticipation or conduct of litigation is lost because a party failed to take reasonable preservation steps and the information cannot be restored or replaced.

Depending on the prejudice and the person's intent, a federal court can impose corrective measures and, in serious intentional cases, may allow adverse presumptions, jury instructions, dismissal, or default judgment.

That is why:

“Just delete everything”

can be terrible legal advice.

35. Preservation Does Not Mean You Must Keep Posting

There is a major difference between:

Preserving existing relevant content

and:

Continuing to create new posts.

You can generally stop posting without deleting existing relevant evidence.

For a significant pending claim, ask your attorney how existing social-media content should be preserved.

36. Do Not Deactivate or Wipe an Account Without Advice

Simply deleting an entire account may remove:

• Posts

• Messages

• Photographs

• Metadata

that could later be considered relevant.

If litigation is foreseeable, get legal advice before:

• Deleting account

• Mass-deleting posts

• Destroying messages

• Using cleanup tools

37. Taking a Screenshot Before Deleting May Not Always Solve the Problem

A screenshot may not preserve all information associated with the original content.

Potentially missing information could include:

• Original metadata

• Comments

• Reactions

• Timestamps

• Context

Do not invent your own preservation procedure in a serious lawsuit.

Follow appropriate legal advice.

38. What if You Already Deleted Something?

Do not panic.

And do not lie about it.

Tell your attorney, if you have one:

• What was deleted

• When

• Why

• Whether another copy exists

Possible copies may remain:

• On another device

• In cloud backup

• With another person

• Through the platform

The legal consequences depend heavily on circumstances and intent.

39. Accidental Loss Is Different From Intentional Destruction

Federal Rule 37(e) distinguishes between loss that causes prejudice and intentional conduct designed to deprive another party of the evidence.

The most severe sanctions require findings concerning intent.

That does not mean accidental loss is irrelevant.

It means context matters.

40. Do Not Ask a Friend to Delete Evidence for You

Do not write:

“Please delete that video of me playing basketball because the insurance company might see it.”

That message itself can create an even worse evidentiary problem.

Never coordinate the destruction or concealment of relevant evidence.

41. Do Not Create Fake Social-Media Accounts to Contact the Other Driver

Do not impersonate:

• Stranger

• Witness

• Potential friend

to gain access to someone else's private information.

If relevant evidence needs to be obtained, use lawful investigative or discovery procedures.

42. Do Not Harass the Other Driver Online

Do not:

• Message repeatedly

• Threaten

• Publish their address

• Encourage followers to contact them

Keep the accident dispute within:

• Insurance

• Attorneys

• Courts

Harassment can create an entirely separate legal problem.

43. Do Not Contact Witnesses Publicly About What They Should Say

Bad post:

“Everyone who saw the crash, please tell insurance that the blue car was speeding!”

Better:

Privately obtain witness contact details and allow the witness to describe what they actually observed.

Witness credibility matters.

44. What if the Other Driver Posts Something Helpful?

Suppose the other driver posts:

“I was checking my phone and didn't see the red light.”

Do not begin an online argument.

Preserve the publicly available evidence lawfully:

• Screenshot

• Date

• Account information

• Context

Then provide it through appropriate channels.

Whether and how the post can ultimately be authenticated and admitted is a separate evidentiary issue.

45. Social-Media Evidence Still Needs to Be Genuine

A screenshot is not magically conclusive simply because it exists.

Litigation can involve questions such as:

• Who created the post?

• Was the account authentic?

• Was the image edited?

• When was it posted?

• Is the screenshot complete?

California discovery procedures include Requests for Admission that can be used to ask another party to admit that documents are authentic, illustrating that authenticity can itself become an evidentiary issue.

46. Do Not Assume Every Post Will Be Admissible at Trial

Discoverable

and

admissible

are different legal concepts.

Federal Rule 26 expressly states that information within the proper scope of discovery does not have to be admissible in evidence in order to be discoverable.

Therefore, a party may be required to produce information even though the judge ultimately decides it should not be shown to a jury.

47. The Insurance Stage Is Different From Litigation

Before a lawsuit exists, an insurer may review information voluntarily available to it, including public information.

After litigation begins, formal procedures can potentially include:

• Requests for production

• Interrogatories

• Requests for admission

• Subpoenas

California Courts explains that these discovery tools allow litigants to obtain relevant information and evidence from parties and, through proper subpoena procedures, from certain third parties.

48. A Social-Media Post Does Not Automatically Destroy an Injury Claim

Suppose you posted one photograph of yourself smiling.

That does not automatically prove:

No injury.

Insurance and legal decisions should consider the full evidence:

• Medical records

• Diagnosis

• Restrictions

• Work loss

• Testimony

• Daily functioning

One photograph can be misleading without context.

49. But Contradictory Posts Can Damage Credibility

Suppose you state under oath:

“I have not run since the accident.”

Then a public fitness profile shows multiple post-accident 10K runs.

That is more serious.

The problem is not social media itself.

The problem is:

The inconsistency.

Always be truthful about your actual limitations.

50. Do Not Stop Living Your Life Simply Because You Have a Claim

An injured person is allowed to:

• See family

• Attend events

• Take medically appropriate walks

• Enjoy good days

You do not have to spend every day isolated at home simply because you have an injury claim.

The safest rule is:

Be truthful about both your limitations and your abilities.

Then avoid creating misleading social-media snapshots that remove the context.

51. Tell Medical Providers the Truth Too

Do not tell your doctor:

“I cannot walk at all.”

while regularly walking several miles.

Likewise, do not minimize genuine symptoms.

Consistency between:

• Medical records

• Testimony

• Daily activity

is important.

52. Do Not Use Social Media to Build a Fake Claim

Never manufacture:

• Pain posts

• Injury photographs

• Fake hospital pictures

• False limitations

Insurance fraud is not a legitimate claims strategy.

The safest claim is an accurate one supported by genuine evidence.

53. Review Your Privacy Settings

Without destroying existing evidence, consider reviewing:

• Public profile visibility

• Friend/follower settings

• Tag approval

• Location sharing

• Public fitness activity

• Automatic check-ins

The purpose is not to hide existing evidence.

The purpose is to reduce unnecessary future broadcasting.

54. Disable Unnecessary Location Sharing

Many apps can automatically reveal:

• Current location

• Exercise route

• Restaurant

• Travel

Consider turning off unnecessary public location sharing going forward.

But do not manipulate or delete relevant historical data once preservation duties may apply.

55. Avoid Accepting Unknown Friend Requests

During a significant pending claim, be cautious about connection requests from people you do not know.

You do not necessarily know:

• Who they are

• Why they want access

Do not accuse every stranger of being an insurance investigator.

Simply use reasonable privacy practices.

56. Search Your Own Name Publicly

One useful step is to understand what information is already publicly visible.

You may discover:

• Old public profiles

• Public photographs

• Tagged posts

• Fitness accounts

Do not immediately delete potentially relevant content.

If you have a significant claim, discuss preservation first.

57. What if the Insurer Mentions a Social-Media Post?

Ask:

“Which post?”

“What date?”

“How does it relate to your decision?”

Then examine the context.

Example:

Insurer:

“This photograph proves you traveled internationally.”

You:

“The photograph was uploaded last month but was taken two years before the accident.”

Original metadata or other records may help establish that fact.

58. What if the Insurer Denies the Claim Because of Social Media?

Request the liability or damages decision in writing.

Ask which evidence was relied upon.

Then submit relevant context such as:

• Date

• Original file

• Medical records

• Witness evidence

A social-media post should be evaluated along with the complete claim evidence.

59. Serious Injury Claims Need Greater Caution

Social-media issues become especially important when the claim involves:

• Brain injury

• Spinal injury

• Surgery

• Permanent disability

• Large wage loss

• Loss of earning capacity

• Long-term physical restrictions

• Wrongful death

The higher the financial stakes, the more important evidence preservation becomes.

60. When Should You Consider Legal Advice?

Professional legal advice may be useful when:

• A lawsuit is likely

• A lawsuit has been filed

• Social-media discovery is requested

• The insurer accuses you of misrepresentation

• Important posts were deleted

• A preservation letter is received

• Catastrophic injuries are involved

• A large settlement is being negotiated

Use an attorney licensed in the jurisdiction whose law applies.

Post-Accident Social Media Checklist

What Not to Post

Avoid publishing:

Fault admissions

Detailed injury claims

Settlement amounts

Insurance arguments

Legal strategy

Angry comments about other parties

Be Careful With

Vacation photos

Gym videos

Running/cycling apps

Location check-ins

Tagged photographs

Stories

Preserve

Existing relevant posts

Original accident photos

Messages relevant to the accident

Digital records

Do Not

Mass-delete posts

Alter photographs

Create fake evidence

Ask others to destroy evidence

Privacy

Review:

Profile visibility → Tagging → Location sharing → Public activity

Example 1: Gym Photo After Back Injury

Claimant A alleges significant back injury.

Two weeks after the collision, A uploads an old gym photograph.

The insurer assumes the photograph is current.

The original file shows it was taken six months before the accident.

The lesson:

Post date and photograph date can be different.

Preserve the original evidence.

Example 2: Current Exercise Contradicts Testimony

Claimant B states:

“I have been completely unable to exercise since the accident.”

Public fitness records show B running five miles several times per week.

This creates a significant credibility issue.

The safest solution was not hiding the fitness records.

It was giving an accurate description of the actual limitations from the beginning.

Example 3: Family Birthday Photograph

Claimant C attends a child's birthday while recovering from a neck injury.

C smiles for one photograph.

The insurer later uses the photograph to question pain.

A smiling photograph alone does not necessarily establish medical recovery.

But it may create an issue requiring context and medical evidence.

Example 4: Accident Admission on Facebook

Driver D posts:

“I looked down for one second and rear-ended someone.”

If litigation follows, that statement may become highly relevant to the liability dispute.

Social-media statements about accident causation should therefore be treated seriously.

Example 5: Deleting the Bad Post

Claimant E realizes an online post may hurt the lawsuit and intentionally deletes it after litigation becomes reasonably foreseeable.

In federal litigation, Rule 37(e) can authorize remedies when relevant electronically stored information that should have been preserved is lost because reasonable preservation steps were not taken; particularly serious consequences can follow when a court finds an intent to deprive another party of the evidence.

The safer action is to preserve the content and obtain legal advice.

Example 6: Private Instagram Account

Claimant F makes an Instagram account private after the accident.

This may prevent ordinary public viewing.

But if litigation begins, relevant nonprivileged information may still potentially be sought through proper discovery procedures, subject to the jurisdiction's discovery limits and privacy protections. Federal Rule 26 uses a relevance-and-proportionality standard, while California's courts explain procedures for requesting documents and special protections applicable to certain social-media subpoenas.

Private status is therefore useful privacy protection, but not a guarantee that relevant evidence can never become part of litigation.

Why State and Federal Rules Matter

Social-media evidence involves several overlapping issues:

Discovery

Electronic evidence

Privacy

Evidence preservation

Authentication

The rules can differ depending on whether a case is filed in:

• State court

• Federal court

and which state law applies.

Federal example: Rule 26 generally permits discovery of relevant, proportional, nonprivileged material, Rule 34 expressly covers electronically stored information, photographs and other digital data, and Rule 37(e) addresses failures to preserve relevant ESI when litigation is anticipated or underway.

California example: California Courts confirms that civil litigants can request relevant documents and evidence through discovery and provides special procedures for subpoenas involving social-media and other electronic communications.

Texas example: Texas's current civil discovery rules recognize photographs, electronic recordings, video recordings, data and electronic images as materials that can fall within discovery when relevant.

Therefore, avoid blanket claims such as:

“Private social media can never be discovered.”

“Anything online automatically becomes evidence at trial.”

“Delete everything after the accident.”

“A smiling photograph proves there was no injury.”

“You must give the other side your entire social-media history.”

None is a safe nationwide rule.

Final Thoughts

After a serious car accident, social media can create a strange problem:

A ten-second post may require hours of explanation later.

The safest strategy is not to create a fake online image of being injured.

And it is not to destroy evidence.

Instead:

Tell the truth.

Preserve existing evidence.

Stop posting unnecessary claim-related information.

Review privacy settings.

Avoid discussing fault, injuries, insurance negotiations, or legal strategy online.

Federal rules demonstrate why preservation is particularly important: electronically stored information relevant to foreseeable litigation may have to be preserved, and intentional destruction can potentially create significant consequences.

At the same time, discovery is not unlimited. Relevant information must still satisfy the applicable discovery rules, and privacy and proportionality protections may apply.

Before you press:

Post

ask one question:

“Would I be comfortable explaining this photograph, video, caption, or comment to an insurance adjuster, lawyer, judge, or jury?”

If the answer is no:

Do not post it.

And if it already exists and may be relevant:

Do not automatically delete it. Preserve it and obtain appropriate advice.

Legal and Insurance Disclaimer

This article is provided for general educational and informational purposes only and does not constitute legal, insurance, medical, privacy, or evidentiary advice and does not create an attorney-client relationship.

Social-media discovery, privacy protections, preservation duties, spoliation rules, admissibility, authentication, subpoenas, privilege, electronic-data procedures, and litigation obligations vary substantially by state, federal or state court, claim type, and individual circumstances.

Federal Rule 37(e) applies to federal civil litigation and should not be treated as the identical preservation rule used by every state court. State law may impose different or additional requirements.

If you have a substantial personal-injury case, have received a preservation or discovery request, or believe relevant electronic information has already been deleted, consider consulting an attorney licensed in the jurisdiction whose law applies before modifying or deleting additional material.