Social Media Searches And What They Mean To Your Case
Social media websites are more popular than ever. With over 500 million active users, Facebook leads the way. But for as great as social media sites are for keeping in touch with friends and networking with prospective colleagues, they also invite the public into your life. And on occasion that might not be a good thing.
It is well known that employers and colleges take to the web to research a potential applicant, but now, insurance companies have started digging around online to help determine whether you are as injured as you say, or if you’re injured at all.
Due to this new style of background checking, it’s important to assume everything done online is public and can be used against you.
Many people think that if they choose “private” for their settings that outsiders cannot view what they publish online. But the truth is that everything published online is recoverable and will never completely go away.
The simple truth is that private pages can be subpoenaed, or called into a court of law, and that posts online are often backed up by the hosting company and can recovered even after “deleted.” Insurance companies can use the social networking activity of defendants against them, even if their posts have nothing to do with their injury.
For example, an accident victim alleges he cannot participate in social activities after his accident, and yet there are post-accident pictures showing him doing exactly that. Or if an accident victim claims she is depressed when online there are pictures of her smiling and laughing after the accident. Or if there is a post on your profile about attending a party just before an accident, insurance companies may believe alcohol was involved.
In general, insurance companies will question a defendant’s credibility, and whatever settlement is ultimately reached, may be lower than what it could have been, if anything at all. If taken to court, the information can be used against the defendant at trial to make him seem less credible to a Judge or a Jury.
In addition to the defendant’s own social media page, pages of their friends and families are also recoverable. Therefore, it’s important to be aware of what others publish online. Just because your settings may be set to private, doesn’t mean your friend’s or their friends’ are.
Of course, limiting what you publish online is the best way to avoid people finding out about you. If you have photographs, videos, or other information online available to the public which may compromise your claim, we urge you to remove the pictures and data. Doing a simple internet search for your name is another way to monitor yourself. Because you never know when someone else is.
For more information on internet privacy and safety please visit: www.privacyrights.org.
