If you have been injured in a motor vehicle accident and are seeking compensation for your injuries, you should know that ICBC can and will search your Facebook, Instagram and other Social media accounts to find evidence to use against you. ICBC will look for pictures and videos of you engaged in sporting activities, social activities, such as dancing and vacations etc. in the hopes that they find evidence that shows you doing something inconsistent with your complaints. ICBC has successfully utilized Facebook profiles and postings to discredit and undermine personal injury claims.
In T v H, 2015 BCSC 359, the Plaintiff sued for soft tissue injuries and post traumatic stress disorder. Mr Justice Jenkins accepted the Plaintiff had suffered some injury but largely rejected her claim due to the inconsistency in her testimony and her Facebook postings. One of the many reasons provided by Justice Jenkins for rejecting the majority of her claim included:
 I conclude that based on this Facebook evidence, in particular the photos of continued attendance at social events and posts from friends, that the plaintiff had a very active social life following the 2008 and 2010 accidents. The social life portrayed by her Facebook profile is consistent with the social life of someone who went through three engagements, the birth of a child, and a marriage. It is completely inconsistent with the evidence the plaintiff gave at trial and to the experts that she was a “homebody” whose “life sucked” and “only had friends on the internet”.
Moral of the story? If you are involved in a personal injury law suit, use caution when postings pictures and videos of yourself on social media. Even if you are using your security settings, ICBC can still make an application to the court for the production of your Facebook profile.
If you have been injured in a motor vehicle accident or have questions about your privacy rights, please do not hesitate to contact our experienced team of lawyers at Hart Legal at our Victoria, Vancouver, Surrey or Calgary office.