Picture this: You are rear-ended at a stop sign. The other driver didn’t even try to slow down. You do everything right at the scene of the crash, and afterward, you go to the doctor and call an attorney. That night, you post a photo of your damaged car on Facebook and let friends and family know what happened.
This is a huge mistake. Depending on what you did after that photo was posted, this could seriously damage your car crash case and make it much more difficult for you to pursue justice. Here’s why.
Subpoena
When you post anything related to your crash on social media (whether it’s Facebook, Twitter, TikTok, or anything else), you are opening yourself to a subpoena from the insurance companies. If successful, that will allow them to have full access to your account, where the insurance company’s team can look through photos, comments, search history, and even private messages.
Say, for example, you posted photos of a car crash on social media. Your cousin reaches out to ask how you’re feeling. You might say that you didn’t see the other driver coming but that you’re doing okay, all things considered. The insurance company could potentially use that one message to shift your assigned fault or offer less compensation for your injuries.
Protecting Yourself
Some people think they can protect themselves and still post to social media by making their accounts private. While this can provide some protection, remember that the insurance adjusters are adamant and will look for anything that might give them a slight edge in negotiating.
Even if your account is private, you need to be mindful of profile pictures, shared posts, and comments on public pages. For example, if you answered a tweet about how your week is going and you said you were in a bad car crash, that could open your account to a subpoena from the insurance companies.
That isn’t to say you can’t use social media at all while you have an ongoing case. Just be extremely mindful of what you post and what other people are posting about you. Avoid posting about the crash until the case is settled and you have the compensation you need to move forward.
That said, if you’re not sure about the do’s and don’ts of a car crash case, don’t hesitate to reach out to your attorney and ask for help.
If you suffered severe injuries in a car crash, our team is here to help. If you’d like to schedule a free case consultation with an experienced California car accident attorney from Ayala, Morgan & Buzzard, please send us an email or call (925) 744-8869.
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