Posting On Social Media After A Car Accident In Michigan: Avoid It
After a car accident in Michigan, you should avoid posting on social media because insurance adjusters and defense attorneys actively monitor Facebook, Instagram, and TikTok to find photos, videos, or updates that can be used to minimize your injury claim, allege fraud, or dispute your account of what happened — even seemingly innocent online content can be subpoenaed and used against you in court.
It is now standard practice for insurance companies to regularly check social media postings of victims after a car accident in Michigan. Adjusters and investigators also run computer searches to learn about your personal life. After a lawsuit is filed, insurance company lawyers will demand that your attorney provide them with downloads from all of your status updates. Defense lawyers now regularly go to court seeking an order to access everything from your banking records to your release of your personal emails.
Why Should You Avoid Posting On Social Media After A Car Accident In Michigan?
After a car accident in Michigan, it’s important to avoid posting about the incident on social media because insurance companies and legal teams often monitor these platforms closely. Anything you share—even seemingly harmless updates or photos—can be used to evaluate your claim and may be twisted to undermine your version of events or reduce the compensation you receive. To protect your case and avoid giving opposing parties any reason to question your credibility, it’s best to keep details about the crash, your injuries, and recovery off Facebook, Instagram, TikTok, and all other online platforms until your claim is resolved.
Below are some important considerations to keep in mind if you are thinking about posting to your social media accounts after a car accident in Michigan:
Go completely silent on social media posts after a Michigan car accident
The safest rule after a car accident in Michigan is to stop posting entirely on social media — not just about the crash, but about anything. Insurance adjusters and defense attorneys review online content for any information that may contradict your injury claim, including casual updates like “feeling better today” or check-ins at restaurants and events. Even content that has nothing to do with the crash can be pulled into a deposition and used to question your credibility. Until your case is fully resolved, treat all your Facebook, Instagram, TikTok, and other online accounts as if opposing counsel is watching.
Do not post photos or videos of physical activity
Photos and videos are the most damaging type of social media post in a Michigan car accident case. A single image of you at a family gathering, carrying groceries, or walking without visible difficulty can be used by an insurance company to argue you are not as injured as you claim. Defense attorneys do not need context — they need one frame. Even photos taken before your crash that are still publicly visible on your profile can be flagged. Audit your existing online content and remove anything showing physical activity.
Turn off location tagging and check-ins
Location data is a tool insurance investigators actively use. If your phone is automatically tagging your location in social media posts, or if you are checking in at gyms, stores, or events, that data can be used to build a timeline of your physical activity after the Michigan car accident. Turn off location services for all apps immediately after a crash and disable auto-tagging features on Facebook, Instagram, and Google Photos.
Make your profiles private — but know that’s not enough
Setting your profiles to private is a smart first step, but it is not a complete solution. After a lawsuit is filed, defense attorneys can subpoena your online accounts and request full records of your activity, including messages, photos, location history, and other content — even material that has been deleted. Courts have consistently ruled that private online content is discoverable in personal injury litigation. Privacy settings reduce casual surveillance but they do not protect you from legal discovery.
Tell your friends and family not to tag you
You can do everything right and still be exposed through someone else’s online content. A family member tagging you in a photo, a friend sharing a group picture from an event you attended, or a coworker mentioning you in an update can all surface content that hurts your case. After a crash, contact the people closest to you and ask them not to share photos of you, tag your location, or mention your recovery publicly until your case is settled. This is one of the most overlooked risks in auto crash injury cases.
Can I Post My Michigan Car Accident on Social Media?
You can, but you shouldn’t. There is no Michigan law that prohibits posting about a car accident on social media, but anything you share can be used against you by insurance companies and defense attorneys. Even a brief update about the crash, your injuries, or your recovery can be subpoenaed, taken out of context, and used to minimize your compensation or dispute your claim entirely.
Is It Illegal to Post a Michigan Car Accident on Social Media?
Posting about a car accident on social media is not illegal in Michigan. However, it can seriously damage your personal injury case. Insurance adjusters and defense attorneys routinely monitor Facebook, Instagram, and TikTok after a crash and will use anything you share — photos, videos, status updates, or location check-ins — to argue that you are not as injured as you claim or to allege inconsistencies in your account of the crash.
Can They Use Social Media Posts Against You in a Michigan Car Accident Case?
Yes. Social media posts are admissible evidence in Michigan car accident litigation. Defense attorneys regularly subpoena full account downloads — including deleted content, private messages, and location history — after a lawsuit is filed. State courts have consistently ruled that online content is discoverable in personal injury cases. A single photo, check-in, or casual update shared after your crash can be used to challenge the severity of your injuries or undermine your credibility with a jury.
How Long Does an Crash Stay on Your Record?
A motor vehicle crash stays on your driving record for seven years from the date of the crash. The Secretary of State maintains this record, which is accessible to insurance companies when calculating your premiums. At-fault motor vehicle crashes will typically affect your insurance rates for three to five years, though the underlying record entry remains for the full seven-year period.
How To Avoid Posting on Social Media After a Car Accident in Michigan
Given the harm that photos, videos and comments posted to social media after a car accident in Michigan can cause to your case, I advise my clients of the following when it comes to their accounts:
- DO NOT DELETE anything! – Few things can hurt your lawsuit as severely and fatally as can the destruction of potential evidence. It is crucial that you preserve the current postings of your social media accounts after a car accident in Michigan. This can be done by archiving the contents. Talk to your lawyer about the process for safely, properly and correctly archiving. In the now infamous case, Lester v. Allied Concrete Company, a Virginia state trial court ordered a personal injury victim and his lawyer to pay $180,000 and $522,000 in sanctions, respectively, when the victim deleted photos from his Facebook profile at his attorney’s instruction.
- Temporarily deactivate your accounts until your case is over – After talking with your lawyer, you may wish to consider deactivating your social media accounts after a Michigan car accident and, thus, ceasing to post at least until your case is over.
- Ask friends to refrain from sharing any pictures or comments about you on their accounts after a crash
- Set your accounts to the highest privacy setting – This will allow only your family and friends, instead of “friends of friends” or the general public, to access your profile and status updates. You may also wish to change your settings so that you are not “searchable” in order to keep strangers from nosing around in your personal life. Facebook’s “View as” feature allows you to view your profile as someone would see it, which gives you the opportunity to double-check the privacy of what is appearing on your page. Note that your “interests” will continue to be displayed even if your account is otherwise set to private.
- Keep your friends close – Only allow “friends” that you know well to have access to your account and status updates. Do not become “friends” with someone on Facebook unless you know them well and trust them.
- Go invisible – You can remove yourself from Facebook service results by selecting “only friends” under the “search visibility” option in your profile settings. You can also remove yourself from Google by unchecking the box for “Public Search Listing” in Google’s internet privacy settings. Similar privacy settings are likely available on other search engines and platforms.
- Keep an eye on when you are tagged in photos – If your settings allow your friends to tag photos of you, be sure to monitor these carefully. When possible, opt in for e-mail notifications to let you know whenever you have been tagged in a photo.
- Share status updates with caution – My best advice to you and to all of my clients is to avoid posting on social media after a Michigan car accident. Stay away from replying to comments, photos and videos until your case has been resolved. For those people who choose to not follow this advice, I warn them to be very cautious about what they share online – whether it is on your own account or on someone else’s page. Consider whether it can be taken the wrong way or out of context. Ask yourself “Who could see this?” and whether it could be used to cast doubt on your crash-related injury claims. Assume that anything you contribute online could and likely will be read by defense lawyers, judges and juries.
- Regularly review all of your online profiles
- Google yourself – Do an image and web search for your name (in quotes) to see what pops up. If you find anything inaccurate and that portrays you in a false light, then do your best to immediately get it removed.
- Preserve all computers, tablets, cell phones – This prevents a defense lawyer from arguing that you destroyed the electronic communication device deliberately to destroy evidence. It is much better to have your lawyer debate with a judge whether the defense should have access to your computer than to have to convince a jury that the destroyed computer was not purposely destroyed to get rid of evidence that was unfavorable to you.
- Do not send messages or information about the case – Do not send e-mails, texts, or post “private” social media messages about your Michigan car accident case, your injuries, your recovery, your treatment or your activities to anyone except your lawyer. Careless communication can destroy a case.
- Do not join websites or chat groups – Any information that you put online is highly searchable. Do not enter any information on dating or insurance websites, contribute on message boards, participate in or comment on “private” groups or blogs, or use chat rooms.
To learn more about sharing status updates on your accounts please check out this video from our attorney Christopher C. Hunter:
Facebook Posts Used To Prove Fraud
The ruling in Yousif v. State Farm Mutual Automobile Insurance Company (#336791, February 27, 2018, unpublished) makes the case for why you should avoid posting on social media after a car accident in Michigan. In this case the State Court of Appeals ruled that a person had committed a “fraudulent insurance act” which disqualified him from recovering No-Fault benefits where his “numerous Facebook posts” and “social media documentation” “belied his claims of disability and incessant pain” on which his claims for attendant care and replacement services were based.
The Yousif court explained that the content shared on Facebook provided “evidence of an active, pain-free young man socializing, discussing exercising, and traveling.”
Can The Defense Get A Court Order to Access Your Posts on Your Social Media Accounts After a Car accident in Michigan?
It is possible that a defense lawyer may be able to get an order to review your profiles, but courts will not allow them to go on a “fishing expedition.” The defense will be required to show that access is “reasonably calculated” to lead to the discovery of relevant, admissible evidence.
Injured In a Crash? Call our attorneys now for a free consultation!
If you were injured in a crash in Michigan and want more tips like not posting on social media, call now (800) 968-1001 for a free consultation with one of our experienced car accident lawyers. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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Written By
Steve M. Gursten,
Attorney,
License#: P53632
Steven Gursten, attorney at Michigan Auto Law and one of the most successful auto accident attorneys in Michigan. Michigan Auto Law represents people seriously injured in car, truck, motorcycle, and bus accidents, including catastrophic injury, traumatic brain injury, and No-Fault insurance cases. Steven has recovered the largest reported auto and truck accident settlement of any Michigan lawyer, and has been named Michigan Lawyer of the Year and a Top 50 Michigan Super Lawyer.
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