Protecting Your Privacy at an Accident Scene

A car accident is a sudden, public, and chaotic event. In the moments after a crash, you are legally required to exchange a significant amount of personal information with a complete stranger. With the prevalence of smartphones, you are also in a space where photos and videos can be taken and shared in an instant. This can leave you feeling exposed and vulnerable.

While your primary focus should be on your safety and gathering evidence, it is also important to be mindful of your personal privacy. There is a clear line between the information you are legally obligated to share and the private details you are entitled to protect.

Knowing where that line is can prevent you from oversharing information that is irrelevant to the accident and could be misused later. This guide will help you understand how to fulfill your legal duties while safeguarding your privacy.

Useful Information for You: In a Nutshell

• You Must Share Core Information: Washington law requires you to share your name, address, driver’s license number, and insurance information with the other driver and police.
• You Do NOT Need to Share Unrelated Details: You are not required to discuss your job, your income, your medical history (beyond the immediate injuries), or your destination.
• Never Give Your Social Security Number: There is no reason for anyone at an accident scene to need your SSN. Do not provide it.
• Be Mindful of Social Media: Do not post about your accident on social media. Everything you post can be used by the insurance company.
• Control Your Own Narrative: Stick to the facts. The less you say, the less private information you will inadvertently reveal, and the more you protect your claim.

What You Are Legally Required to Share

Washington State law (RCW 46.52.020) is very specific about the information you must exchange after an accident. This is the complete list:

• Your Name and Address
• Your Driver’s License Number
• Your Vehicle’s License Plate Number
• Your Auto Insurance Information (Company and Policy Number)

You must provide this information to the other driver(s) involved and to the responding police officer. Politely and firmly stick to this list.

What You Should NEVER Share at the Scene

The other driver and their insurance company are not entitled to your entire life story. You should never feel pressured to discuss or provide:

• Your Social Security Number: It is not required and should never be given out.
• Your Occupation or Income: Your job and how much you make are not relevant at the scene. This will be documented later in a lost wages claim, if necessary.
• Your Detailed Medical History: While you should be honest with police and paramedics about your immediate injuries, you do not need to discuss your past medical history or pre-existing conditions with the other driver.
• Your Destination or Purpose of Your Trip: Where you were going or coming from is your private business.

The “Polite Refusal”: How to Handle Unwanted Questions

If the other driver is overly inquisitive, you can politely deflect their questions. A simple, firm statement is all that’s needed:

• “I’m only going to provide the information required by law, and we can let the police and our insurance companies handle the rest.”
• “I’m not comfortable discussing that. Let’s just stick to exchanging our insurance information.”

Privacy in the Digital Age: Photos and Social Media

• Be Aware of Who is Recording: In a public space, anyone can take photos or videos. Be mindful of your actions and words, as they could be recorded by a witness or the other driver.
• Do NOT Post on Social Media: This is a critical privacy and legal protection. Do not post photos of the crash, updates on your injuries, or angry rants about the other driver. The other party’s insurance company will find these posts and use them to devalue your claim. Set your profiles to private and refrain from posting about the accident until your case is fully resolved.

Protecting your privacy is about controlling the flow of information. By sticking to your legal requirements and understanding what you are not required to share, you can protect both your personal information and the integrity of your legal claim.

If you have been in a car accident in the Tacoma area and have concerns about how your information is being used by an insurance company, it may be time to seek professional advice. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who can manage all communications on your behalf and protect your private information.

References

• Revised Code of Washington (RCW 46.52.020) – Duty in case of personal injury or death or damage to attended vehicle or other property:The official state law that specifically lists the information a driver is legally required to exchange after an accident.

  https://app.leg.wa.gov/RCW/default.aspx?cite=46.52.020

• Washington State Office of the Attorney General – Consumer Protection:A state resource that provides information on protecting yourself from identity theft and safeguarding your personal information.

  https://www.atg.wa.gov/consumer-protection