“Can Social Media Sink Your New Jersey Injury Case? What Not to Post After an Accident”

After a serious accident, it is natural to reach for your phone. You want to tell friends you are okay, answer worried messages, or distract yourself from the stress.

But if you have a New Jersey injury claim, those same posts, stories, and DMs can quietly become Exhibit A for the insurance company or defense lawyer on the other side.

This is true whether you were hurt in a car crash on Route 38, a fall at a Cherry Hill shopping center, a workplace accident, or another incident caused by someone else’s negligence.

In this guide, you will learn how social media can hurt your New Jersey injury case, why even “private” accounts are not really private under the law, and practical do’s and don’ts for Instagram, Facebook, TikTok, X, and other platforms after an accident.

How Social Media Can Sink Your New Jersey Injury Case

Insurance companies are always looking for ways to pay less. One of their favorite tools today is social media.

Adjusters and defense lawyers routinely:

• Search your name on every platform they can find
• Look at your public posts, photos, reels, and videos
• Ask the court for access to your “private” posts and messages if they think it will help their case

New Jersey courts have made it clear that social media content can be discoverable in litigation, including private posts, when it is relevant to the claims in the case. Courts apply liberal discovery rules under New Jersey Court Rule 4:10-2, which allows parties to obtain any non-privileged information that is relevant to the subject matter of the lawsuit. 

In a recent New Jersey Appellate Division decision, the court explained that there is no special “private social media” privilege. Private posts are still subject to discovery if they are relevant, even when the account settings make them visible only to friends or followers.

On top of that, New Jersey courts treat digital communications and social media posts like any other writing for purposes of evidence. If the other side can show that the posts are authentic under New Jersey Rule of Evidence 901, they may be admitted as evidence in court. In other words, if you are claiming serious pain, loss of mobility, anxiety, or depression, and your social media tells a different story, you are handing the defense a powerful weapon.

“Private” Accounts Are Not Really Private In A Lawsuit

Many people think they are safe because:

• Their accounts are set to private
• They only accept follow requests from people they “know”
• They use close friends lists or private stories
• They delete embarrassing posts

Unfortunately, that does not protect you once a lawsuit is underway.

New Jersey courts have ruled that:

• Private social media accounts do not have a special legal privilege
• If the judge decides the content is relevant, you may be required to turn over posts, photos, and messages
• Courts can order you to produce content that relates to your physical activities, emotional state, or claims you made in the case, even if it was only shared with a small circle of followers

Defense lawyers may also compare what you say in your posts to what you told your doctors, the insurance company, and the court. Any inconsistencies can be used to question your credibility.

How Insurance Companies Use Your Social Media Against You

Here are some common ways social media gets twisted and used against injury victims in New Jersey:

1. “You are not that badly hurt.”

You say you cannot lift your arm above your shoulder or stand for long periods. Then the insurance company finds:

• A TikTok of you dancing at a family party
• An Instagram story of you holding your child or a heavy bag
• A Facebook photo of you standing and smiling at a festival

They argue that these posts prove your injuries are minor, or that you recovered faster than you claim.

2. “You are not really suffering.”

You are seeking damages for pain, suffering, and emotional distress. But your feed shows:

• Laughing selfies with friends
• Travel photos
• Posts about working out or staying active

The defense may say you are exaggerating your emotional distress if your social media looks like life is “back to normal.”

3. “You admitted fault.”

A simple apology or offhand comment can be distorted into an admission, such as:

• “I did not see the other car.”
• “I should have been more careful.”
• “It was just an accident. These things happen.”

New Jersey is a comparative negligence state, which means your compensation can be reduced if you are found partly at fault. The defense can use your own words to try to shift more blame onto you.

4. “You are not being honest.”

If you tell your doctors one story and your posts tell another, the defense will claim you are not credible. Even minor inconsistencies can be magnified to make a jury doubt you.

Platforms To Be Careful With After An Accident

You need to be careful across all platforms, including:

• Facebook: posts, comments, photos, check-ins, and reactions
• Instagram: stories, reels, grid posts, tagged photos, and DMs
• TikTok: short videos, sounds, duets, and reposts
• X (Twitter): tweets, replies, threads, and quote tweets
• Snapchat: snaps, private stories, and group chats
• Messaging apps: WhatsApp, Facebook Messenger, Instagram DMs, and similar apps

Nothing online is truly temporary. Even “disappearing” messages can be screenshotted or recovered.

If your case involves a car accident, slip and fall, workplace injury, dog bite, or another type of personal injury that DiTomaso Law commonly handles, you must treat your social media presence as part of your case strategy. 

10 Things You Should Not Post After A Crash, Fall, Or Work Injury

Until your New Jersey personal injury lawyer gives you specific advice, it is usually safest to stay completely off social media. If you absolutely cannot, you should at least avoid these types of posts:

1. Photos or videos of the accident scene: These can be taken out of context or used to argue about how the crash or fall happened.
2. Pictures of your injuries: If they look “minor” on camera, the defense may argue your complaints are overstated. If they look serious but later appear improved, they may claim you healed quickly.
3. Descriptions of what happened: Any difference between your post and your official statement can be exploited.
4. Comments about fault or blame: Do not apologize, accept responsibility, or make guesses about who was at fault.
5. Activity or fitness posts: Gym selfies, sports photos, dancing videos, or even long walks can be used to challenge your claimed limitations.
6. Posts about work or side gigs: If you say you cannot work, but you post about jobs, projects, or business success, the defense will attack your lost wage claim.
7. Rants about the other driver, employer, or property owner: Angry posts can make you look unreasonable and may hurt you in front of a judge or jury.
8. Details about your lawsuit or settlement talks: Never discuss your lawyer, legal strategy, or negotiations online.
9. “I am fine” updates: It is natural to reassure friends, but a casual “I am good” or “I feel fine now” can be quoted against you.
10. Posts while under the influence or in emotional distress: Anything that makes you look careless, reckless, or dishonest can be used to challenge your character.

What About Comments, DMs, And Group Chats?

Many people assume that private messages are safer than public posts. That is not always true.

• Courts may allow discovery of private messages if they are relevant to issues like your injuries, emotional distress, or activities. 
• Group chats, DMs, and private threads can be requested if they contain statements about how the accident happened or how you feel afterward.
• Jokes about “playing it up” for the insurance company can be devastating if they are taken literally.

Treat every written message as something a judge or jury might read later.

Should You Delete Problematic Posts?

It is understandable to want to clean up your accounts once you realize how much is out there. But deleting posts after an accident may create new problems.

Courts take a very dim view of destroying evidence, even if you did not mean to do anything wrong. This can lead to:

• Court sanctions
• Negative inferences that the deleted content was harmful to your case
• Damage to your credibility

Before you delete or edit anything, talk to an attorney. Your lawyer can advise you on how to handle existing content in a way that protects your case and complies with New Jersey discovery rules.

Smart Social Media Do’s After An Accident

The safest course is often to pause social media altogether until your case is resolved. If you decide to stay online, keep these guidelines in mind:

Do: Tighten Your Privacy Settings

• Make your accounts private where possible
• Turn off tagging, or require approval for tags
• Limit who can see past posts

Remember, private does not mean invisible to the court, but it may reduce casual snooping by the insurance company.

Do: Ask Friends and Family Not to Post About You

Well-meaning friends might post:

• Photos of you at gatherings
• Updates about your condition
• Comments about the accident

Ask them not to share anything about your accident, injuries, activities, or case until your lawyer says it is safe.

Do: Screenshot Anything Related to Your Accident

Some online posts can actually help your case, such as:

• Admissions by the other driver or a property owner
• Photos of dangerous conditions
• Witness comments or messages

Screenshot and save those, then talk to your lawyer about the best way to preserve them as evidence.

Do: Think Before You Post Anything at All

Before you share, ask yourself:

• Would I be comfortable with a judge or jury seeing this?
• Could this be twisted to suggest I am less injured or more at fault?
• Does it contradict anything I told my doctor, employer, or the insurance company?

If you are not sure, do not post.

How DiTomaso Law Protects Your Case And Your Online Footprint

DiTomaso Law is a personal injury firm based in Cherry Hill, New Jersey, with additional offices in Philadelphia. The firm focuses on helping victims of car accidents, truck and motorcycle crashes, workplace injuries, workers’ compensation claims, slip and fall accidents, dog bites, nursing home negligence, and other serious injury cases throughout South Jersey and southeastern Pennsylvania.

When you work with DiTomaso Law after an accident, the team can help you:

• Understand exactly how your social media could affect your claim
• Develop a plan for your online activity during your case
• Preserve helpful digital evidence while avoiding harmful content
• Respond appropriately if the insurance company demands access to your accounts
• Push back on overly broad or invasive discovery requests whenever the rules allow

The firm is committed to aggressive advocacy and personalized client service, working hard to protect your rights while you focus on your recovery.

What To Do Right Now If You Have A New Jersey Injury Case

If you have recently been injured in a crash, fall, work accident, or other incident caused by someone else, here are smart steps you can take today:

1. Avoid posting anything about your accident or your injuries.
2. Do not respond to messages about blame, fault, or what happened.
3. Ask friends and family not to post about you or tag you.
4. Collect and save any posts or messages that may help your claim, such as admissions or photos of dangerous conditions.
5. Contact an experienced New Jersey personal injury lawyer as soon as possible.

The sooner you have legal guidance, the easier it is to avoid social media mistakes that can reduce the value of your claim.

Contact DiTomaso Law Today for a Consultation About Your Case

If you were hurt in a New Jersey accident, you do not have to navigate the legal process or the social media minefield alone.

The New Jersey personal injury attorneys at DiTomaso Law are dedicated to protecting injury victims and their families. The firm fights to obtain maximum compensation for medical expenses, lost income, pain and suffering, and other losses while providing attentive, client-focused service every step of the way. 

When you contact DiTomaso Law, you can expect:

• A free initial consultation where you can discuss what happened and get clear guidance on your next steps
• Honest, practical advice about your social media use and how to protect your case
• Thorough investigation of your accident, including digital and social media evidence where appropriate
• Aggressive negotiation and courtroom advocacy aimed at securing the full compensation you deserve

DiTomaso Law serves clients throughout South Jersey and the greater Philadelphia area from its Cherry Hill office at 901 Route 38 East and its Philadelphia office on JFK Boulevard.

To schedule your free consultation, call 856 414 0010 for the Cherry Hill office or 215 426 4493 for the Philadelphia office, or fill out the contact form on the firm’s website today. 

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.