Blog - Tech | Commentary
Comments (25) 
E-mail
PrintTim Louis: Beware of ICBC trolling through your Facebook photos
By Tim Louis
Most people would be surprised to learn that pictures posted on Facebook can be very damaging evidence in a lawsuit.
A recent client of mine, a young woman, had been involved in a very serious motor vehicle accident. ICBC had admitted liability for the accident so we didn't need to prove who was at fault.
The only issue left on the table was the worth of her injuries. In addition to her physical injuries, during the months following the accident this young woman had changed from being a very outgoing, socially active person to being very socially withdrawn. She no longer gained pleasure from being with her circle of friends.
Both of her parents described her as "a changed person". Expert reports by psychiatrists and other professionals confirmed a personality change. As is normally the case, these expert reports were based in part on self-reports and reports by others who knew my client well.
Prior to going to trial, ICBC agreed to try mediation to settle the case out of court. Mediation is being used by injured parties more and more these days to avoid the cost and risk of going to trial.
At the mediation, ICBC disclosed pictures that my client had posted on her Facebook site. The images showed her at parties with friends, engaged in activities typical of individuals her age. These pictures showed her to be anything but withdrawn!
The pictures told a strong and different story from the words in the written reports. They were very damaging to her case.
You might be thinking that my client could have avoided this problem by using her security settings on her Facebook site to limit access to trusted individuals. Unfortunately, ICBC has been successful lately in getting a court order requiring the injured party to give the insurance company access to the injured party's entire Facebook site.
Moral of the story? If you are involved in a lawsuit because you were injured, and you are now seeking compensation for those injuries—physical or otherwise—be very careful what you post on your Facebook site. You may think you're safe by using security settings, but this is not the case.
Tim Louis is a Vancouver lawyer and former city councillor and park board commissioner.
Comments
But if you are going to try and pull an insurance scam, don't get caught on camera!
But if you are going to pull a scam, delete the emails!
Stop advertising your life to complete strangers on the internet.
Quit using or never use sites like Facebook or MySpace which are nothing but data mines for Corporations and Government agencies.
So here is a sure win, take lots of pictures laying arounds looking like you can't take it anymore and its all to painfull and post them on facebook for ICBC to have a look, and in fact send them a link.
If I'm posting a picture its not going to be of me looking like hell, okay. I'm going to look grand for all you to see, or at least that is how I see it. Got a really bad picture of yourself you want to post to Facebook, you know for everyone to see?
ICBC you are a bunch of crooks, no doubt it as it is not the first time company executives have made questionable decisions as brag of all the millions ICBC didn't pay out to victims, instead ICBC executives share the spoils. While getting caught selling damaged vehicles out the back door, so to speak as more controversay in ICBC executives offices.
Cab drivers, get burnt all the time especially foreignors, as drivers tell of the nightmare ICBC is to deal with. In fact its been in the news.
Check it outhttp://www.cbc.ca/canada/british-columbia/story/2009/09/10/bc-icbc-growop-trailers.html????
See CBC News' ICBC sold grow-op trailers.
Travis Lupick
The Georgia Straight
So just because someone else had the grow op equipment before ICBC got it hands on trailers dosen't give ICBC the right to sell the illegal equipment because that is exactly what ICBC did.
Travis Lupick
The Georgia Straight
Just like it is difficult to digest that someone in the right mind is going to set a vegetable operation with expensive grow lights in a truck. And these guys are paid to think not like the injured girl who put her best face forward. Is that the kinda people you want working for you, not thinking at all. What about those damaged vehicles ICBC sold out the back door, not thinking at all?
ICBC says its a mistake, women says its a mistake. Women is wrong and ICBC is just dumb. Great job on the roads to there as Heed gets cops to crack down on drunks and police do just that as officers hand out tickets to fellow impaired officers reminding them it is against the law.
May I suggest the backyard for your vegetable garden or a green house for all to see as its not like you have to hide away in a trailer using expensive grow op equipment and the cost of those expensive lights. Its going to be a great deal cheaper buying at your local market than hiding your little garden away from prying eyes. ICBC needs to check all vechicles before selling it is part of the job.
My ex owned a car lot, every car that left that lot got checked out entering the lot and leaving the lot. What is ICBC's excuse for not checking out the vehicles it sells?
http://www.mapinc.org/newstcl/v08/n603/a09.html
-Check to make sure the vehicle you plan to import is admissble to Canada.
Don't forget the vehicles brought into Canada must be modified, inspected and certified to meet safety standards. Interesting enough it looks like Canadians are buying USA which is a whole other story as Harper goes at Obama's buy America and here Canadians can't seem to get enough of American's vehicles. How much did Canadian tax payers pay for auto bail out?
Back to landlords losing their rental properties because unaware of grow op on their rental property. So what is the difference here as vehicle comes back from police after drug bust and here it is there job to ensure things are on the up and up. Do you know the cost of the electrical bill for keeping that truck filled with plants and no one in their right minds is going for a Veg-Op or steal hydro to make it feasible. Esepcially when you can shop and get some off the finest organic vegetables almost anywhere in BC with out taking out a bank loan.
http://www.canadiandriver.com/2009/08/19/be-careful-when-importing-us-ve...
http://www.nowpublic.com/world/british-columbia-laws-investment-smoke-te...
The very minimum ICBC should set the example and not more of the norm.
It keeps the CIA from sniffing around through my garbage.
Post a comment