What happens if a relative borrows your car, without your permission, and gets into an accident? What if the relative was intoxicated, and decided to post about the situation on Facebook after arriving home? This could easily lead to a great big mess for an insurance company to sort out.
It has been said, many times over, that everyone should be cautious about what they choose to post on social media. This is especially true if you have filed an insurance claim. There is potential that your insurance company could decide to take a look at your Facebook page or Twitter account to see what you have been up to.
I don’t think insurers are allowed to decide to deny your claim based only on what you wrote, or the photo you posted, to your Facebook page. However, it can lead them to become even more suspicious of claims that already are setting off “alarm bells” for them.
New Year’s Eve is a night when many people decide to drive while intoxicated. This can be avoided by selecting a designated driver, calling a cab, or having a friend drive you home. Unfortunately, not everyone takes this advice, and it often leads to tragedy (and a New Year’s Eve insurance claim).
The Daily Astorian has a story about one such situation. An eighteen year old named Jacob Cox-Brown borrowed his grandmother’s car on New Year’s Eve. He went to a party, consumed some alcohol, and drove home.
On the way, it seems that he hit at least two other vehicles. He didn’t stop to talk with the people who owned the vehicles in order to exchange insurance information as one should do after becoming involved in an auto accident. Instead, he drove away. This could be defined as a “hit-and-run”.
According to the Daily Astorian, he posted the following (spelling errors his) onto his Facebook shortly after arriving home:
Drivin drunk … classsic 😉 but to whoever’s vehicle i hit i am sorry. 😛
The post has now been deleted. However, someone brought it to the attention of Astoria Police Officer Nicole Riley before it was taken down. The police were, at the time, investigating the report made by the driver of one of the cars that Jacob Cox-Brown hit. Officers went to his home, noticed his damaged car, and arrested him.
He has been charged with two counts of failure to preform the duties of a driver. He wasn’t charged with driving while under the influence of intoxicants because 12 hours had passed between when the incident happened and when he was arrested. Legally, a post on Facebook is not considered to be sufficient evidence (of driving while intoxicated, being involved in a hit-and-run, or anything else), on its own.
I’m not sure what the insurance company is going to do with this situation. It wasn’t his car – it was his grandmother’s. There seems to be some confusion over whether or not she gave him permission to use her car that night. The answer to that question can determine if the insurer has to cover the damages or if they do not.
Image by Marco Paköeningrat on Flickr