Levine & Slavit | July 3, 2026
If you’ve been injured in an accident, it may seem harmless to post an update on Facebook, Instagram, or another social media platform. You might simply want to let friends and family know how you’re doing. However, if you have a personal injury claim, even an innocent post could create problems that insurance companies may try to use against you.
Many people assume that setting a post to “private” protects it from being seen by anyone outside their circle of friends. Unfortunately, that’s not always the case.
How Social Media Can Affect a Personal Injury Claim
Insurance companies and their attorneys routinely review the social media accounts of people who file injury claims. Their goal is to find anything they can use to question the extent of your injuries or challenge your credibility.
Sometimes the issue is obvious. For example, if someone testifies that they cannot run but later posts a video of themselves running, that content could seriously damage their case. But it doesn’t have to be that clear-cut. Even posts that seem completely innocent may be taken out of context or interpreted in a way that benefits the defense.
Once something is online, you lose control over how others may view or use it.
Private Posts May Not Stay Private
Many people believe that content shared only with friends or through private stories is off-limits. That is a dangerous assumption.
In New York, courts have recognized that social media content may be discoverable during litigation. In some cases, a court can require a person bringing a lawsuit to authorize access that allows an insurance company or defense attorney to obtain information from social media platforms—even content that is not publicly visible.
Simply marking a post as private does not guarantee that it will remain unavailable during your case.
The Truth About Posting During an Injury Case
A common misconception is that you can simply delete posts if you’re worried they might cause problems. That is not the right solution.
Deleting existing social media content after a lawsuit has begun—or when litigation is anticipated—can create its own legal issues. Courts may impose sanctions if they determine that relevant evidence was intentionally removed.
The better approach is to avoid creating new content about your accident, injuries, or activities while your claim is pending. Just as you should be cautious about giving statements to an insurance company, you should also be careful about what you share online. Even an innocent comment or photo may be interpreted in ways you never intended.
How an Attorney Can Help
An experienced personal injury attorney can help you avoid mistakes that could weaken your claim. Attorney Levine & Slavit, PLLC understands how insurance companies investigate cases and the strategies they use to challenge injured individuals.
For more than 60 years, and across three generations, Levine & Slavit, PLLC has represented injured New Yorkers. They can help you understand what information should and should not be shared while your case is pending and guide you through every stage of the legal process.
Take Action Today: Protect Your Personal Injury Claim
If you’ve been injured in New York and have questions about your rights, it’s important to understand how your actions—including your activity on social media—can affect your case.
The attorneys at Levine & Slavit, PLLC are committed to helping injured New Yorkers protect their claims and avoid costly mistakes. If you think you may have a case or simply have questions about your legal options, call 1-888-LAW-8888 or visit landylawyers.com to learn how they can help.