You’re rear-ended at a stop sign. The other driver didn’t even try to slow down. You get out, exchange information, go to the doctor, and generally do everything you’re supposed to after a car accident.
Then you decide to let everyone know you’re safe. You post a picture of the damage and a post saying that you were hit, but you’re doing okay. This is a serious mistake that could make it much harder to recover after the crash. In fact, there’s a very good reason why you shouldn’t use social media after an accident.
Comparative Fault
Missouri is a comparative fault state, meaning that everyone involved in a crash is assigned a percentage of the fault. Insurance companies are eager for any evidence or simple phrasing that might shift the fault in a car crash, helping them pay less for the accident.
If you write a Facebook post that explains the circumstances of the crash, they may go over it with the scrutiny of a recorded statement, looking for any little thing that might shift the fault. Similarly, if you imply that your injuries aren’t that bad, the insurance company may use that post to justify a lower settlement. Even writing something simple as “I’m doing okay” could deprive you of the full justice you deserve.
Subpoenas
You might think you can just set your profile to private, but that’s a short-term fix. If the insurance company believes your account has information about the crash, they may seek a subpoena.
With a subpoena, the insurance company can see your entire social media account, including your private messages and comments you left on other pages. If your cousin asked about your injuries and you said you were “fine,” the insurance company might argue that your injuries aren’t as serious as you claim. With so much on the line, it’s better to just set your social media aside until your case is completely settled.
If you or someone you love suffered serious injuries in a car crash, we are here for you. If you’d like an experienced Missouri personal injury attorney from Kolker Law Firm to evaluate your case, please send us an email or call (314) 684-8285.