After an auto accident, the last thing on your mind is probably whether or not you should be posting on social media. But Michigan’s electronic discovery laws could bring your innocent status update back to haunt you.
Insurance company lawyers spend a lot of time and money to become experts at social media electronic discovery. They train to be able to use your words, pictures, and posts against you. That way their clients, the insurance companies, won’t have to pay you the no-fault benefits you deserve. So after an auto accident, think twice before posting anything on social media.
Admissions of Fault
The most obvious mistake many drivers make is admitting fault on social media. In the heat of the moment, the will fire off a tweet saying “I just hit a guy” or “I was so drunk last night.” But social media posts are public and accessible to insurance companies using e-discovery. These admissions of fault could destroy your Third Party claim and land you in hot water with the police.
Demonstrations of Health
On the other end of the spectrum, many auto accident victims find their positive posts being used against them as well. Status updates about how good you feel or about your first time back to a favorite hobby could be pulled out of context to show you are not as injured as you claim. While your lawsuit is pending, limit your posting to retweets or shares. Don’t share anything about yourself or your condition. And make sure you know when someone tags you in a photo. That shot of you and your friends by the golf cart could cut your no-fault benefits drastically.
Social Media Check-ins
The most insidious way insurance companies can use your social media accounts against you is through check-ins. Your smart phone might even be set up to do this automatically. An investigator for the insurance company can use these periodic check-ins to track your movements. Then the investigator can follow you and take pictures when you are looking particularly healthy.
Blocking Electronic Discovery
All of these strategies can be used to undercut your legitimate claim for no-fault benefits. By taking images and statements out of context, an insurance company attorney can paint a picture for a jury that looks nothing like your day-to-day reality.
That’s why you need the aggressive Michigan auto accident attorneys at Christensen Law to help you fight back against overly intrusive electronic discovery. The Christensen Law team give you strategies to fight back against the insurance companies both in the courtroom, and in cyberspace.
