If you are like most people, you probably use social media to stay in touch with friends and family, make new acquaintances with similar interests, and learn about things going on around the world. Facebook, X, Instagram, and LinkedIn have become valuable communication tools and also help many of us do business. This is why so many people share details about their lives, careers, and personal interests on these various platforms.
However, if you are involved in a car accident, then there may be some pitfalls that you will need to avoid if you decide to post about it on one of these social media sites. Here are some tips on what to avoid sharing when you are involved in a car accident.
Letting Everyone Know You Are Okay
Social media has become a place where people can check in if they have been involved in a natural disaster or other catastrophic event. This allows friends and followers to know that the person is okay. This is certainly the case if you have been involved in a car accident. Rather than calling everyone you know, which can be a rather time-consuming task, you might want to post a short message that you were involved in a car accident, that you may have been injured, and that you may be away from the platform for a short period of time while you recuperate. This lets people know of your absence.
Keep It Short and Simple
Keep in mind that anything you post on social media is subject to discovery. This is even the case if you choose to use the maximum privacy settings on the platform. This means that whatever you post can be seen and used by the other party to the car accident, as well as the claims adjusters from your insurance company and that of the other driver. This is why you should limit your comments to a simple statement that you were involved in a car accident and that you were injured as a result.
Adjusters Will Search Your Social Media Accounts
No matter how often you use social media, if you have accounts, the claims adjusters will find them and look for your comments on the car accident. This can include any videos of the accidents that you posted, any comments you made about your injuries, and any admissions you may have made that would cast doubt on your statements. So, a seemingly innocuous statement that you are feeling a little better, posted to keep your family members from worrying too much, can be used by an adjuster to deny a claim for pain and suffering. Similarly, if you want to sound magnanimous by saying that you don’t really blame the other driver, you could undercut your claim that the other driver was at fault.
Getting Information for Your Claim
One way that social media could be helpful is by asking the public for its help in your car accident claim. This would be a simple request for any witnesses to come forward who may have seen or photographed your car accident. This should be done with a simple post asking for information and setting forth the date, time, and place of the accident. However, you should keep all details private.
Keep in mind that there is a risk in doing this. If someone comes forward with information that would shift some or all of the fault to you for the accident, you will have to give this to your car accident attorney to share with the adjuster and the other driver. So, unless you are completely certain you were not at fault, you should probably avoid making this type of request.
Do Not Scrub Your Social Media Accounts
Your social media accounts are considered discoverable evidence. Whether you posted about your accident or not, you cannot delete the information contained in your social media accounts. Deleting posts and messages from social media is considered spoliation of evidence, which is against the law in Texas. No matter what you previously posted, you cannot delete it when you are involved in an accident.
Contact Our Car Accident Attorneys for a FREE Consultation
Getting involved in a car accident can be a very traumatic experience. You are going to want to collect the maximum amount for your personal injuries and damage to your car. This is why you should be careful about what you post on social media. The experienced car accident attorneys at Hernandez Sunosky LLP look forward to assisting you with your case. Contact us today.
Based in Kingwood, Hernandez Sunosky LLP serves clients in Houston, Atascocita, Humble, New Caney, Porter, Pearland, and across Texas. Our experienced personal injury attorneys are here to support you in your time of need, providing the guidance you require to seek justice and compensation.