Social Media and Other Mistakes That Hurt Your Case

This chapter of The DC, Maryland & Virginia Injury Guide is the list we wish every client had read on the day of the crash.

Mistakes at the scene

Apologizing or guessing about what happened

People apologize by reflex. "I'm so sorry, I didn't see you" is a natural thing to say to someone you just collided with, and it may be quoted in the police report and repeated by the other driver at trial as an admission that you were not paying attention. In a contributory negligence jurisdiction, that sentence alone can become the defense. Check on everyone, exchange information, and describe only facts you are sure of. If you do not know how fast you were going or where the other car came from, say so.

Skipping the police report or the emergency room

A crash with no report becomes your word against the other driver's. Call the police, even for what seems minor, and get the report number. Then get checked by a doctor the same day or the next, even if you feel fine; adrenaline masks pain, and concussions and soft-tissue injuries often show up a day or two later. A delay hands the insurer its first argument: that something else caused your injuries. Our chapter on the first 72 hours walks through each step.

Letting the evidence disappear

Photographs of the vehicles, the road, the signals, and your injuries are the cheapest evidence you will ever have. Take them before the cars are moved if it is safe, and again in the days after as bruises develop. Do not let your car be repaired or sent to salvage until it has been photographed and, in the most serious crashes, until a lawyer has had a chance to decide whether the vehicle itself should be kept.

Social media mistakes

Posting about the crash, your injuries, or your weekend

Assume the adjuster, the defense lawyer, and eventually the jury will see everything you post. A photo of you smiling at a birthday party becomes "the plaintiff was out celebrating two weeks after the crash." A comment like "car's totaled but I'm okay" will be read aloud at your deposition. The pain you were in when the photo was taken does not show up in the photo.

The safest approach is to stop posting until your case is over. If that is not realistic, post nothing about the crash, your injuries, your treatment, your activities, or your case, and ask family and friends not to tag you or post about you. Set your accounts to private, knowing that privacy settings slow the other side down but do not stop a court from ordering relevant posts produced.

Accepting friend requests from strangers

Investigators sometimes try to get inside private accounts. Decline requests from anyone you do not actually know, on every platform, until the case is resolved.

Deleting posts after you have a claim

Deleting can be worse than posting. Once litigation is reasonably foreseeable, a party in Virginia has a duty to preserve relevant evidence, and if a court finds a party destroyed evidence recklessly or with intent to deprive the other side of it, the court may presume or instruct the jury that the evidence was unfavorable, or even dismiss the case (Va. Code § 8.01-379.2:1). Defense lawyers make the same argument in every jurisdiction. Do not delete anything. Stop posting, make accounts private, and tell your lawyer what is already out there.

Insurance mistakes

Talking too much to the other driver's insurer

Recorded statements, blanket medical authorizations, and early releases are the three tools liability adjusters use most. We cover each, and what to say instead, in Dealing With Insurance Adjusters.

Missing your own insurance deadlines

Your own policy has deadlines that run long before the statute of limitations:

• D.C. PIP election. If you have D.C. PIP, you must tell your insurer within 60 days whether you elect PIP benefits, and the choice affects your right to sue (D.C. Code § 31-2405).
• Maryland PIP claim period. A Maryland policy may require the PIP claim to be filed within a period of not less than 12 months after the crash (Md. Code, Ins. § 19-508).
• Virginia hit-and-run reporting. If an unknown driver caused the crash without making contact with you or your vehicle, the crash must be reported promptly to your insurer or the police to preserve your uninsured motorist claim (Va. Code § 38.2-2206(D)).

Accepting a limits offer the wrong way

When the at-fault driver's insurer offers its full policy limits, it is tempting to sign immediately. In Maryland, you must first send the written offer to your own UM or enhanced UIM insurer by certified mail and give it the time the statute allows to consent or pay (Md. Code, Ins. § 19-511). Virginia handles the same situation through a specific statutory release. Our chapter on using your own insurance explains both.

Depositing a check that says "full and final"

An insurer may send a check with release language printed on it or attached to it. Depositing it can end claims you did not mean to settle. Read every check and every enclosure, and send them to your lawyer before you sign or deposit anything.

Treatment mistakes

Gaps in care

Weeks between the crash and your first visit, or a two-month break in the middle of treatment, give the insurer a simple argument: you were not really hurt, or you got better and something else happened. If cost, transportation, child care, or work is getting in the way of treatment, tell your lawyer. Those problems can usually be solved, and a gap in the records cannot be undone.

Telling your doctor too little, or too much

Doctors write down what you tell them. "A little stiff" in the chart becomes the insurer's description of your injury, even if the pain kept you up all night. Describe every symptom at every visit, accurately. Overstating is just as harmful: a single surveillance video that contradicts what you told a doctor can cost you the jury's trust on everything else.

Myths that cause unnecessary worry

"I wasn't wearing my seatbelt, so I have no case"

Not so in the DMV. In Maryland, failure to wear a seat belt may not be considered evidence of negligence or contributory negligence and may not diminish recovery (Md. Code, Transp. § 22-412.3(h)). In Virginia, a violation of the seat belt law is not negligence, may not be used to reduce damages, and is not admissible in a civil case arising from a crash (Va. Code § 46.2-1094(D)). D.C.'s seat belt law provides that a violation is not evidence of negligence or contributory negligence and may not be used to reduce damages (D.C. Code § 50-1807). Always buckle up, but do not let an adjuster tell you that a missing seat belt ends your claim.

"I have three years, so there's no rush"

Not everywhere, and not for every defendant. Virginia's general deadline is two years, and claims against D.C. or a Virginia locality need written notice within six months. See Deadlines and the Timeline of a DMV Injury Case.

Waiting too long to get help

Traffic camera and business video is often overwritten within days or weeks. Witnesses move and forget. Vehicles are repaired and their data is lost. The people who wait "to see how I feel" are often the ones who arrive with a stack of bills and no proof of how the crash happened, which in a contributory negligence jurisdiction is the proof that matters most. A consultation costs nothing and commits you to nothing.

Key points

• At the scene, check on everyone and stick to facts; an apology or a guess can become the defense's contributory negligence argument.
• Stop posting, decline strangers, and never delete posts once you have a claim.
• Meet your own insurance deadlines: D.C.'s 60-day PIP election, Maryland's PIP claim period, and Virginia's prompt reporting rule for no-contact hit-and-runs.
• Treat promptly and consistently, and describe your symptoms accurately at every visit.
• A missing seat belt is not contributory negligence in D.C., Maryland, or Virginia.

• Previous chapter: Injured by a Government Vehicle, on Metro, or on Public Property
• Next chapter: DC, Maryland & Virginia Personal Injury Glossary

Related practice areas

Related reading

• Steps to take immediately after a car accident in the DC metro area
• The seatbelt defense in Virginia
• Contributory negligence in D.C., Maryland, and Virginia
• Asking a chatbot about your injury case: what AI gets wrong
• Why getting medical attention after an accident is critical
• Dealing With Insurance Adjusters

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.