A plaintiff claims their back injury prevents them from performing their daily activities. However, you find a photo on their social media of them hiking or lifting heavy groceries. In California, these digital footprints can serve as high-value evidence. Understanding the state civil codes is key to creating a defense that benefits your insurance company.
Turning social media activity into evidence
Proving the authenticity of injury claims is a must to maintain standards in your insurance company. This involves investigating claims and finding evidence that contradicts a plaintiff’s statement.
Under California law, social media is discoverable if it is relevant to the claim. While plaintiffs can raise privacy objections, the courts can override this when the plaintiff puts their physical condition at issue. You may also serve a request for production of documents, provided the request focuses on content that directly relates to their alleged physical limitations.
Bypassing hearsay
But what if the plaintiff argues that you cannot use their social media as evidence against them?
Because the plaintiff has placed their condition at issue, specific social media posts may be admissible as statements of a party-opponent. If authenticated, these posts can serve as substantive evidence to refute the plaintiff’s claims regarding their physical capabilities.
Facing the complexity of injury claims
Social media is a goldmine for evidence, but you have to be careful. If you dig too deep or handle the data wrong, you could face legal trouble or lose the evidence. An experienced attorney can offer guidance to ensure your actions comply with state regulations.