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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.
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Robert M. Durante
A graduate of McGill University and Queen’s University Faculty of Law, Rob joined Oatley Vigmond shortly after his call to the bar in 1997. As a partner at Oatley Vigmond, Rob is committed to...
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