Updated
If you posted about your accident on social media, don't delete the posts; stop posting, make your accounts private, and tell your lawyer. In Indiana, once a claim is reasonably likely, you can be required to keep relevant posts.
Can I delete Facebook posts after a car accident?
Not in a panic. Indiana does not let the other side sue you separately for deleting them, but a judge can sanction you or tell the jury to assume the deleted posts would have hurt your case (Cahoon v. Cummings, 734 N.E.2d 535 (Ind. 2000)). Talk to a lawyer before you delete anything.
How do insurers use social media posts?
Insurers and defense lawyers may look at public profiles. They may use: - A photo of you smiling at a party to say you're not in pain - A "feeling fine!" post the day after the crash - Comments about the crash, like who was at fault - Check-ins at the gym or on a trip
A single photo doesn't tell the whole story, but it can make your claim harder.
What should I do now?
- Stop posting about the crash, your injuries or your claim.
- Set accounts to private. This helps, but it isn't a shield. Posts can still be requested in a lawsuit.
- Don't delete old posts without talking to a lawyer.
- Ask friends and family not to tag you or post about the crash.
- Don't accept new friend requests from people you don't know.
What about posts that help my case?
Only your lawyer should decide what to share. Keep your own photos of injuries and your car, but send them to your lawyer instead of posting them.
Related: What can go wrong in an Indiana injury claim? · What to do after a crash in Indiana
Frequently asked questions
What should I do if I posted about my accident on social media?
If you posted about your accident on social media, don't delete the posts; stop posting, make your accounts private, and tell your lawyer.
Can I delete Facebook posts after a car accident?
Not in a panic. Indiana does not let the other side sue you separately for deleting them, but a judge can sanction you or tell the jury to assume the deleted posts would have hurt your case (Cahoon v. Cummings, 734 N.E.2d 535 (Ind. 2000)).
Does making my account private protect my posts?
This helps, but it isn't a shield. Posts can still be requested in a lawsuit.
Talk it over for free
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You can hire Poynter & Bucheri without visiting an office. We can talk through what happened in a free phone or video consultation. When you're ready, we'll email you the sign-up papers, and you can sign them electronically from your phone or computer. There's no appointment to drive to. Some later steps in a case, like a deposition, a medical exam or a court date, may need you in person, and we'll tell you ahead of time if one comes up. If English isn't your first language, we have access to professional interpretation. Call (317) 780-8000 or fill out our short form to get started. The consultation is always free, and we'll tell you honestly if you don't need us.
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.