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Warning: Accident victims must watch out for what they post on Facebook

August 3, 2012 by Steven M. Gursten

Defense lawyers and claims adjusters will  still see your comments, even  if you think you’re being careful

Do us a favor.  If you’ve been injured in an auto accident, stop posting on Facebook.  Really. Defense lawyers will try to do everything in their power to take your activity, comments and photos out of context, and then use this to hurt your case or  convince a jury that you’re not as injured as you say.

Even after our repeated warnings about social media use, some people believe they “beat the system” by setting everything to private.


We did an investigation and it appears there has been a recent update to Facebook:

Previously, Facebook users could go to their settings and block any and all wall posts from appearing on their public wall.  This may have changed.

Now it appears that if settings are “private” for your wall, but you post on another person’s wall who is set to public, then that post will appear as public on your wall.


Now, for those clients who thought they could write to their friends posts such as “Dude, that was an off the hook party last night,” and thought they could hide it – well, maybe not.

In other words, even if you block comments on your own wall, when you make comments to other people’s walls, they will appear on their wall and yours, and a good defense attorney will find them.

Refrain from using social media during your auto accident case. The road to hell is paved with good intentions, and there is just too much risk of a good defense lawyer taking posts out of context to deny you fair compensation that you deserve.

– Steven Gursten is head of Michigan Auto Law. Steve frequently writes and speaks on Facebook, social media litigation issues and  the Michigan auto insurance laws, and is available for comment.

 – Photo courtesy of Creative Commons, by Victor1558

Related information:

Danger: Facebook and lawsuits are a bad mix

6 social media tips for auto injury plaintiffs

Michigan Auto Law exclusively handles car accident, truck accident and motorcycle accident cases throughout the entire state of Michigan. We have offices in Farmington Hills, Sterling Heights, Ann Arbor, Grand Rapids and Detroit. Call (248) 353-7575 to speak with one of our attorneys.

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