A word of caution to those of you who publish extensively on the Web—what you text or post about your accident could be retrieved and used as evidence if your case goes to court. This includes posts on Facebook, LinkedIn, Twitter, Blogspot, You Tube, MySpace, etc.
Lawyers for injured people may seek access to their clients’ accounts to find out what information has been posted and whether these posts are helpful or detrimental to the case. Lawyers for the insurance companies are now asking to look at these posts as part of the discovery process once a case is in litigation. Then judges must rule on whether the insurance companies are allowed access—e.g. whether the injured person is forced to sign a release allowing the insurance company to see all their postings.
If you are in an accident, it is the best practice to keep your on-line comments about the accident to a bare minimum or not to mention it at all. On-line jokes, rants, descriptions of injuries or what happened may end up being part of the evidence in your court case, and may have a negative impact. Think about protecting your claim when you communicate on the web!