People rely on their phones so much now that even after a car crash, reaching for it is often their first instinct, usually to call for help and notify loved ones that they are safe. The same is true during recovery, with the victim’s phone persistently lighting up with calls and texts from friends, family and insurers. But while it may be tempting to reply, crash victims should refrain from sending messages that can affect their claim.
Why texts can hurt a claim
Insurance reviewers often dig up text messages during reviews or legal disputes. In Minnesota, parties in personal injury claims may subpoena texts, emails and direct messages in social media platforms and introduce them as evidence in court. Victims should pause before sending anything to avoid giving the other side material they can use against them.
Harmless texts that can cause trouble
Even seemingly innocent texts can lead to complications after an accident. Here are some examples of casual messages to avoid after a crash:
- “I’m so sorry.”: It is natural for some people to apologize, but after an accident this can feel like an admission of fault or negligence.
- “I feel fine, no major injuries.”: This statement undermines future claims for delayed or chronic injuries.
- “Let’s keep insurance out of this.”: This message looks like an attempt to evade proper legal procedure.
- “I was not paying attention.”: Opposing parties may use such statements as evidence of contributory negligence.
- “I’ll pay for everything.”: Offers to pay can confuse liability and insurance responsibilities.
Victims of motor vehicle accidents should refrain from saying anything related to the crash without a legal counsel present. If they stay silent, they reduce the chance that someone will take an offhand remark out of context.
What to do instead of texting
After a crash, victims should focus on recovery, report the accident to their insurer through proper channels and stick to basic facts. They need to document the scene with photos and notes while memories are fresh, collect witness names and contact details and keep all accident related evidence. If they already sent messages suggesting fault, they should consult a motor vehicle accident lawyer who can help rectify the situation without harming their claim.