By Zasha M. Rodriquez, Esq.
Should information posted to social media sites, such as Facebook and Twitter, be admissible in a court of law? That question and countless other current topics were the highlight of the recent Litigating Disability Insurance Claims conference I attended in NYC.
Fraud investigators and insurance adjusters have always relied on traditional investigating techniques such as surveillance to investigate their claim. While these remain an integral part of an investigation, social media is increasingly being used to determine relationships between claimants and adverse drivers, as supplements to other evidence of fraud or as a means to push for a quick settlement. In our own practice, we often are amazed to learn that an individual responsible for an auto “accident” is Facebook friends with the “victims.” Should this be considered a coincidental connection or fraud among friends?
The proliferation of social media today leads to interesting ethical and legal questions such as whether social media companies are required to cooperate in an investigation. Should investigators be allowed to create false identities? Tactical issues also arise as to the timing of injecting the information obtained in the case. Recently the Florida Courts have weighed in on this issue in the case of Root v. Balfour Beatty Construction, from the 2nd DCA of Florida. This matter dealt with a review of the Circuit Court’s discovery order requiring the Plaintiff to produce copies of postings on her Facebook account. The Plaintiff argued that the order departed from the essential requirements of the law because it allowed for discovery that was overbroad and compelled the production of personal information that was not relevant to her claims. The Court agreed with the Plaintiff and granted her petition and quashed the circuit court’s order.
As these questions are posed, it is clear this area is still unchartered territory and much remains to be learned about both the hazards and benefits of social media as an investigating tool.
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