Insurance adjusters and defense attorneys routinely search claimants' social media profiles as part of their investigation. It's completely legal in Arizona, and anything posted publicly — or shared by friends — can be used against you. They're looking for anything that contradicts the injuries or limitations you've described in your claim.
If you've claimed a serious back injury but your Instagram shows you hiking Camelback Mountain two weekends later, expect that photo to surface. Even with a perfectly innocent explanation, it becomes ammunition. The same applies to check-ins at events, tagged photos from friends, upbeat status updates, and comments suggesting you're doing better than your medical records indicate.
What's actually discoverable
Under the Arizona Rules of Civil Procedure, electronic communications and digital records — including social media posts — are discoverable. If your case goes to litigation, the other side can formally request access to your accounts or subpoena records directly from social media platforms. Arizona's pure comparative fault system (A.R.S. § 12-2505) means that anything reducing your credibility or suggesting your injuries aren't as serious as claimed can directly reduce what you recover. See our post on Arizona comparative negligence law for how that calculation works.
What to do (and not do) with your accounts
Don't delete existing posts without talking to an attorney first. Deleting content after a claim is filed can be treated as spoliation of evidence under Arizona law, with serious consequences. Set profiles to private, but understand courts can still order disclosure. Stop posting about the accident, your injuries, and your daily activities for the duration of your claim. Ask friends and family not to tag you in photos or posts while the case is pending. Don't accept friend requests from people you don't know — investigators use fake profiles. And if the other driver or property owner has posted anything relevant, screenshot it and preserve it before it disappears.
It works both ways
If the driver who hit you posted about speeding, being distracted, or drinking before the crash — or if a property owner's social media shows they knew about a dangerous condition — that content can support your claim. Identifying, preserving, and presenting digital evidence that helps your case is part of what experienced car accident attorneys do.
Sher Law Group handles personal injury cases throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.