How social media can impact your personal injury claim
With more than 58 per cent of Canadians (21.2 million) on social media, it’s safe to say that Facebook, Instagram, Twitter and the like play a major role in our lives. These platforms allow us to share experiences, express feelings and stay connected with friends and family.
When you are involved in an accident, it is understandable, then, to turn to social media for support. While it may seem harmless, what you post can be used against you in court.
This is proving especially true in personal injury claims. Take, for example, a Squamish, B.C. woman who potentially lost thousands of dollars on her claim for posting physically active and happy photos on Facebook.
Large insurance companies, such as ICBC, may scour the Internet to find what they deem fraudulent claims. Even posting “I’m fine” updates can be detrimental.
Making sure your account is private and the settings are at the strictest possible seems like a logical solution, but it may not be enough.
Defense lawyers working for the insurance company can request a court order to access your entire account. They may be instructed to find evidence to discredit your case. This can include photos, check-ins, comments and even birthday wishes from your followers. Remember, too, that your friends can tag you in photos. Defense lawyers may also use pre-accident posts to try and diminish your character.
ICBC believes that up to 20 per cent of claims are fraudulent. If you are a current claimant, you can bet the defense is snooping on your social media.
So what should you do? Contact Rella, Paolini & Rogers. We are experienced personal injury lawyers with one of the largest motor vehicle accident claim practices in the southeast region of B.C.