If you have been injured in an accident in New York, your first instinct may be to update friends and family on social media. Yet these posts may have major consequences for your personal injury claim. Insurance adjusters, opposing attorneys, and even the courts now pay close attention to Facebook, Instagram, TikTok, and Twitter, searching for posts or activity that may contradict your story.
At Godosky & Gentile, we have seen how the smallest details shared online can weaken even the strongest case. Here, we explain how social media use after an accident in New York can impact your injury claim and what steps you can take to help protect yourself.
How Social Media Content Can Impact Your New York Injury Claim
Insurance companies in New York routinely monitor claimants’ social media for any content that could challenge or minimize reported injuries. Their investigators browse public profiles, friend and follower lists, location check-ins, and photo tags. Anything on your Facebook timeline, Instagram grid, or even in the background of a friend’s post can be taken out of context and used to cast doubt on your story. Adjusters and defense attorneys also look for contradictions—such as posts about travel, physical activities, or social events that do not match your stated limitations or medical documentation.
Even posts that seem harmless, such as a smiling selfie or story about feeling “better,” can be twisted by opposing counsel. Their job is to lower your compensation by questioning your credibility and undermining your claims about pain and medical impact. Inconsistent online activity may lead to a reduced settlement offer, a dismissed claim, or extra hurdles in court. New York courts allow wide discovery of social media if it is relevant, and insurance companies will search for anything to reduce or avoid paying out your damages.
Common Social Media Mistakes That Jeopardize Personal Injury Cases in New York
After an accident, many people turn to social media for comfort, updates, or distraction—but certain actions can cause lasting harm to your claim. The most damaging errors often occur when claimants post real-time updates, photos, or “check-ins” that show physical activities, outings, or events that seem incompatible with their injury claims. Defense teams use these posts to argue you are not as hurt as you claim, or that your injuries are temporary or minor.
Another critical mistake is assuming that privacy settings keep content safe from legal discovery. In practice, New York courts regularly grant requests for access to private accounts if defense attorneys show the potential relevance of the posts. Accepting friend or follow requests from people you do not know can also expose your profile to the opposing side—sometimes, insurance investigators pose as new acquaintances to gain access.
Based on our experience, these risky actions are most likely to undermine a New York injury claim:
- Uploading images or videos showing physical activities, even casual outings
- Posting updates about feeling “good,” “being active,” or participating in events
- Commenting on the accident details, fault, or your recovery process
- Engaging in debates or public conversations about your case
- Liking, sharing, or being tagged in posts related to travel, high-impact hobbies, or parties
Every activity, even those shared by friends or family, can be accessed or requested by insurance companies. A single careless post can become a focal point in negotiations or courtroom arguments, so extra care is needed until your claim is fully resolved.
What Happens to Deleted Social Media Posts in New York Injury Lawsuits?
If you have already posted about your accident or injury, your first inclination may be to delete the content. In New York, deleted posts, photos, and comments can remain discoverable in a lawsuit. Courts expect parties to preserve relevant digital evidence once litigation is likely or underway. Deleting or changing content after a claim is filed may be perceived as concealment or destruction of evidence, which can damage your credibility or even lead to sanctions.
The New York Court of Appeals, in Forman v. Henkin, ruled that relevant portions of a plaintiff’s private Facebook account, including deleted or “private” posts, were subject to discovery if deemed relevant to the injuries at issue. Digital forensics and subpoenas allow opposing counsel to recover deleted data, and platforms may retain backups longer than most users realize.
Do All Social Media Platforms Carry the Same Risks for Your Injury Claim?
Not all social media sites pose equal risk for personal injury plaintiffs. Facebook and Instagram, where photos, stories, and location data are prominently displayed and easily shared, are especially vulnerable. Even content you believe is private can be accessed if a judge deems it relevant or if connections share tagged photos. Twitter (now X), TikTok, and Snapchat create additional risks, as content can be rapidly reshared, screenshotted, or made public without your consent.
Many people overlook older forums, group chats, or even YouTube channels that remain linked to their name. Opposing parties routinely scan for user handles, nicknames, or email addresses associated with a claimant, connecting dots across less obvious places. Messaging apps tied to your accounts can be requested, especially if they contain discussions about your condition, abilities, or version of the accident events.
What Should You Do If You Have Already Shared Information About Your Accident Online?
If you have discussed your accident or injuries on social media before reading this, your next steps are important. Do not hastily delete posts or close your accounts, as this may look suspicious to the opposing party. The first thing to do is to make a written record of what you have shared since the incident—including references to the event, discussions of pain, updates about recovery, and anything tied to your daily activity. Share this with your attorney as soon as possible.
Refrain from adding or editing posts, comments, or messages until you discuss the content with your legal team. Terminate new friend or follower requests that you do not recognize, and warn friends and family not to tag you, check you in, or mention your accident online. Your legal team can assess the risk, advise on what to expect, and create a strategy aligned with current court discovery rules in New York.
Transparency is your ally. By sharing what you have posted and who may have shared on your behalf, you empower your lawyer to anticipate aggressive tactics from insurance companies. This planning helps preserve your credibility and may minimize the impact of anything already online.
How to Adjust Social Media Settings to Guard Your Injury Case Without Creating Suspicion
When you attempt to protect your social media profiles during a lawsuit, drastic actions may trigger alarm in the defense team. Making every account suddenly private or purging old content without explanation could draw legal scrutiny and discovery demands. The goal is to make measured, reasonable adjustments that show responsible use—not concealment of evidence.
The most effective protection comes from carefully limiting access to your content. Here are steps to safeguard your accounts:
- Review and tighten your privacy settings on all current and older social accounts
- Disable public search, tagging, and timeline posting by others
- Limit new connections to people you trust and recognize
- Avoid accepting new follower or friend requests during your active claim
- Ask friends and family to avoid mentioning, tagging, or discussing your situation online
If you need to make significant changes, consult with your attorney at Godosky & Gentile before acting. Gradually reducing your profile’s visibility and minimizing activity is less suspicious than making rapid, comprehensive changes. Your lawyer can guide you through updates that protect your digital reputation while following court evidence rules in New York.
Limits on Defense Access to Your Social Media Under New York Law
New York’s laws do provide some restrictions on how much of your social media defense lawyers and insurance companies can request—but these limits are narrower than many expect. While privacy settings show your intention to keep information restricted, courts prioritize the relevance of online content over privacy if the posts could impact your injury case. Judges require that discovery requests be connected to the facts of the claim, not simply broad searches of your personal life.
Landmark decisions, such as Forman v. Henkin, give New York courts the authority to compel disclosure of private, even deleted, content if it relates to injuries, abilities, or damages. Defense teams must articulate why certain posts or periods of online activity matter, often by referencing inconsistencies between your medical file and your digital activity. If the judge agrees, you may have to provide specific material and access requested by the defense.
How Family & Friends’ Social Media Can Impact Your Personal Injury Claim
Even if you carefully manage your own accounts, posts from friends and family can unexpectedly hurt your claim. A casual group photo, a supportive comment, or a tagged outing may introduce evidence the defense can use to question your injuries or recovery. Seemingly innocuous actions like congratulating you on “getting back out there” or sharing your location at events add to the digital trail available to opposing counsel.
Educate those in your inner circle about the risks. Politely ask them to refrain from tagging you, sharing photos involving you, or discussing your health online until the claim is fully resolved. Explain the stakes in concrete terms, and encourage them to strengthen their own privacy controls on social media platforms. Preventative conversations work best before these posts appear, but if something is already public, ask your attorney whether to address it quietly or bring it to the defense’s attention proactively.
What New York Courts Consider When Evaluating Social Media Evidence
As digital evidence becomes routine in New York courtrooms, judges take a practical approach to reviewing social media in personal injury claims. If a post, message, or image could relate to your injury, activity level, or claimed limitations, courts are inclined to allow its disclosure—especially if it directly contradicts your statements. The focus is on whether these digital records provide insight into your actual experience after the accident, not simply on privacy concerns.
Examples from New York cases include party photos submitted to dispute disability claims, gym check-ins used to challenge pain and suffering arguments, and message threads cited as evidence of a claimant’s activities. Courts weigh the overall context. A single smiling photo won’t discredit months of medical documentation, but a steady flow of content showing activity or travel can be persuasive to insurance companies and juries.
The best defense is coordination between you and your legal team to clarify what online activity is discoverable, what may be protected, and how to present digital information in a way that supports the facts of the case. At Godosky & Gentile, we help clients navigate these disclosures with care, ensuring the court receives only what is required and maintaining a consistent record across all platforms.
Should You Stop Using Social Media After an Accident in New York?
Many clients wonder whether a total social media shutdown is necessary during a personal injury claim. While some choose to step away from their accounts, others find this impractical. You do not have to disappear from the internet, but you should avoid posting anything relating to your accident, medical status, recovery, daily limitations, work, or emotional state. Share only generic, non-case-related content—if you post at all—and avoid engaging with posts about your accident from others.
If you continue to use your accounts, use every available privacy control: restrict tagging, limit new connections, and tighten visibility on past posts. Decline requests from anyone you do not know personally, as defense teams sometimes create fake profiles to gain access. Use caution on all platforms, including message groups and private chats, as these can be subject to discovery too.
Consult with your legal team before posting anything that could be interpreted as commentary on your injuries, abilities, or life changes. At Godosky & Gentile, we provide practical, New York-specific strategies to help clients weigh risk, understand their digital exposure, and remain protected while staying in touch with friends and family.
How a Personal Injury Lawyer in New York Helps Safeguard Your Social Media
Many injury claimants do not realize social media can be a double-edged sword until it is too late. Working with a skilled personal injury lawyer in New York helps you control your digital narrative and minimize risks from day one. At Godosky & Gentile, we walk through your social media accounts with you, identifying content or connections that could attract scrutiny and helping you adjust your presence step by step—always in accordance with court rules.
Our team draws on real insight into the New York court system and understands exactly how defendants use online information to press their advantage. We focus on strategies that safeguard you now and anticipate what the defense might do in the future. This includes advice on timing, how to respond to subpoenas, and what the courts actually require you to provide, so you avoid unnecessary disclosure and maintain privacy wherever possible.
Our approach ensures clients maintain credibility, avoid legal issues, and feel confident their claim is thoroughly prepared. For guidance on your social media activity or case protection, contact Godosky & Gentile at (212) 742-9706.