Let’s say you get into a car accident. What do you do first?
(a) Get mad at the universe for allowing this to happen
(b) Get out to calmly assess the damage
(c) Insult the other driver until you’re blue in the face, or
(d) Post a status on Facebook and Twitter about what a crappy day you’re having?
Don’t laugh. You probably know several people who would update their status on social media even while a meteor shower falls on them at the end of days.
But even if you deal with the headache and the accident details first, you might want to hit pause on your desire to post a rant about it. At the end of the day, the phrase “everything you say could be used against you” exists for a reason.
5 Consequences of Sharing Details of Your Car Accident on Social Media
1. It will be used against you
How many times have you said something you didn’t mean while you were angry? How many times have you exaggerated things or omitted information while typing out a rant on social media? If your foot hurts after an accident, and it’s preventing you from doing the things you love to do, it would be so tempting to post that you’re looking forward to suing the other driver for every penny they have. Or you want to take them to the cleaners. Or you hope the lawsuit gives them what they deserve.
Even if you later delete it, screenshots live forever. And these types of statements could easily be twisted by opposing counsel to make it seem like you’re exaggerating your claims, simply to get back at the other driver. Don’t rely too much on your privacy settings. Life has a funny way of getting back at you when you’re in the middle of litigation.
2. It can be seen as an admission of fault
Maybe you post a neutral, harmless post about having an accident. Then your friends start asking you for details. In the back and forth of the conversation, you may inadvertently mention things such as “Yeah, I was texting Gina/looking for music on Spotify/yelling at the kids in the back of the car/, next thing you know, I was T-boned.”
It’s right there, buried in a conversation thread with 32 other comments. But it’s still there, and it may either be seen as an admission of fault or as a reason to apportion at least some of the blame on you.
3. It can be taken out of context
You post “crashed car on 1-4 after watching Kenny Chesney at Amelie Arena. Knew the night was turning out too good to be true.” Your friends and family ask if you’re ok. You say “I’m fine.”
You’re so fine that the insurance company’s attorney will remind you of it and show you a printout of your own words, just to be friendly and refresh your memory.
Taken into context, “I’m fine” can mean that under the circumstances, you’re doing splendidly: You’re alive. You’re conscious. You’re healthy enough to post on social media. But taken piecemeal, all the insurance company hears is: “Nothing to see here. I’m totally fine. Carry on with your day. I was kidding about those claims.”
4. It may undermine your credibility
Let’s say that as a result of a car accident, you have herniated disks and have needed several steroid injections to ease the pain. Let’s also say that you and your doctor have discussed the possibility of maybe getting surgery in the future if the issues continue to be chronic.
So you and your lawyer, in good faith, submit that medical opinion to the other driver’s insurance adjuster. Two weeks later, you go on vacation to Costa Rica and post pictures of you zip lining, white water rafting, and doing stunts on a rented motorcycle.
Your co-worker’s third cousin once removed works as an adjuster at said insurance company. Your co-worker is also your friend on Facebook. How would you explain at a deposition that (a) you’re not exaggerating your pain since you were able to have so much fun in Latin America, or (b) that even though your pain is genuine, it wasn’t made worse by your Evel Knievel antics while on vacation?
5. It may diminish the amount of damages you can recover
After a personal injury accident, you can file several types of claims: medical bills, repair costs, lost wages, pain and suffering, estimated future wages, and loss of consortium.
Now, let’s say you haven’t been able to work for a couple of weeks while you recuperate from your accident. However, you have pictures of yourself enjoying a margarita by the pool in your backyard or photos of you playing Guitar Hero with your nephews. Tell opposing counsel again why it is that you can’t work. There goes your lost wages claim.
As you can see, it is not just the posts that are specific about a car accident, that could ruin your case. Any post showing you having fun or leading a relatively normal life post-crash can be used to show in court you’re living a relatively healthy life post-crash.
You can still engage in social media by talking with friends via private messages or scrolling to see what people have been up to or read the news but to play it safe, take a break from posting unnecessary information about yourself while your case is pending.
Contact the St. Petersburg Car Accident Lawyers at Clark Hartpence Law for a Free Consultation
If you have been involved in a car accident, it’s crucial to talk to an attorney. Don’t post on social media, don’t blog about it, and don’t post pictures of anything. Remember, if it can be taken out of context, it will.
If you or someone you love was involved in a car accident, call us at (855) 680-4911 or schedule a free consultation. We’ll let you know what’s in your best interest to get you back on track.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.