The use of social media over the last several years has exploded. The use of Facebook, Instagram, Twitter, LinkedIn, and other social media sites are commonplace in today’s society. As a result, insurance company adjusters as well as their attorneys routinely monitor injury victims’ social media sites. Accordingly, it is important for the injury victim to restrict access of his/her site and to understand that anything they place on these sites may be viewed by insurance company representatives and their attorneys who will attempt to use same against him/her. For example, it is not uncommon for insurance companies to download a photograph of the injury victim smiling on their Facebook page and attempt to use it as evidence that the injury victim is not seriously hurt. So long as the insurance company obtains the photograph from the public domain of the site and does not use fraud or deceit to use the information, it will be allowed to use the information in court.
Even if your social media accounts are restricted to certain individuals and accessible to the public, it is commonplace for insurance companies to request access to an injury victim’s social media accounts as part of the discovery process and download evidence to be used in the case. So, conversations that were thought to be private when made may be accessible to insurance company representatives during the litigation. Accordingly, the injury victim should use great care in posting on social media sites.
If you have any questions regarding your injury, please feel free to contact an attorney at Hamblett & Kerrigan for a free consultation.
Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court. Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.