The Perils of Using Facebook and other Social Media Sites
Social media has become a part of everyday life, especially for younger people. But if you are involved in a personal injury lawsuit, let this be a warning. The opposing insurance company and even your own insurance company will be watching you. Whether it’s Facebook, Instagram, Twitter, Tumblr, or some other social media website, the insurance company will find you.
Insurers have been spying on claimants for over a century, they call it “surveillance”. The internet now gives insurers one more place to conduct surveillance on claimants. Insurers are becoming increasingly savvy at finding claimants on the internet and when it comes to the internet, there is nowhere to hide. Many clients think they can hide and avoid detection by tightening up their privacy settings, but it just isn’t so. For example, insurers often find our clients on Facebook through their friends, and not necessarily through the client’s Facebook page. Remember, you cannot control what your friends post on their page about you.
Keep in mind that many items posted to a Facebook page must be produced to the opposing party if requested. Therefore, clients are best to play it safe and stay off social media sites until their lawsuit is resolved.
About the Authors
When Rob Durante was called to the bar in 1997, he had been articling for a year with a law firm that specialized in defending insurance companies in personal injury cases. “I developed a sense of wanting to right injustices,” he recalls. “I didn’t want to work for the insurance companies… For me, it’s all about achieving justice for clients, righting wrongs and arranging fair compensation.” Rob joined Oatley Vigmond that same year and has been advocating for seriously injured clients and their families ever since.