Facebook and Your ICBC Claim

We have previously posted about the potential damage that can be done to your personal injury claim as a result of postings made on social media sites, such as Facebook and Twitter. To best protect your claim, you should be careful of what you are posting on social media, as even the most innocent of pictures can be used against you in an attempt to reduce your settlement. There is even a risk that a judge will order full disclosure of a plaintiff’s Facebook page, even postings restricted to “private”.

As of 2010, ICBC launched its “cyber unit” to help reduce fraudulent claims. Recently, they posted their ICBC’s Hall of Shame: Cyber Fraud Files of 2015. Included in these are a woman who claimed she was unable to work as a hairdresser due to her injuries from a car accident, but posted pictures on her Facebook and Twitter pages showing her hiking and running. She also kept updates on her numerous injuries received while playing roller derby. As a result, she received only half of her original claim.

In another case, a pedestrian was struck by a motorcycle while crossing the street. In court, ICBC submitted social media post that challenged the severity of the injuries she was claiming. The woman was claiming $1 million for her injuries at trial, but due to her social media posts and other contradictory statements, the judge found she was exaggerating her injuries and awarded her only $20,000. In addition, because she grossly exaggerated her injuries, the judge forced her to pay ICBC’s legal costs, which were around $34,000.

Our firm has the expertise needed to handle all communications with ICBC and ensure you will not say anything that may jeopardize your claim. Even if you have already posted to social media, we can work with you to ensure you get full compensation for your injuries. Contact our ICBC lawyers for a free consultation at 604-684-0040.

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