I love the Internet. It’s a terrific way to keep in touch with people, to learn, and be entertained.
Web pages
If you set up Facebook, MySpace, Twitter, Flickr, blogs, Web sites or any other visible online pages, you must review those sites. You must also review information your ‘friends’ may have of you on their sites. What should you look for?
The question you must ask yourself is: is there any information displayed that could result in someone thinking less of me?
Your case could be decided by a jury of 8 people you don’t know and who don’t know you, or to a judge who doesn’t know you. The last thing you want is for those 8 people or a judge to get a bad first impression of you because of some information they learned about you from any of your sites. Worse yet, your online information may discredit you in some way.
How will your online information make its way to a court?
Easy. If you end up suing someone, the person you sue or their insurance company may investigate you, and that might include searching your Web sites. Any relevant information found may be shown to the jury. In fact, ICBC will likely start doing online searches of your name very early on in your claim.
The last thing you need is to have a judge or jury question your credibility due to some information or photographs pulled off one of your Web pages.
Ideally you will deactivate all your Web sites until your claim is resolved.
However, if that is not possible or will cause you hardship, then examine your Web pages carefully. Consider the content from the perspective of a total stranger. If unsure, be cautious and deactivate your websites. If deactivating your websites makes your life difficult, then have a lawyer review it. Don’t “delete” your sites, because that could be destroying evidence. Deactivating is better to do because no additional evidence can be created (i.e. posting to your Facebook wall – or other pages).
E-mail and your computer – marked “Without Prejudice”
Chances are, if you have a computer, you’re on the Internet. Once your computer is connected to the Internet, your stored information and e-mail accounts are accessible.
You will read throughout this book that you should make notes from time to time. Also, you may discuss your crash and/or injuries by e-mail with other people. These notes, documents, and communications may be important to your claim.
In some instances, once you start a lawsuit, a court may require that some or all the information on your computer be provided to the other side. Once you file a claim with ICBC you should assume the information on your computer can end up with ICBC.
So, what are you to do? In addition to writing out the blurb set out in chapter 8 (i.e. your litigation intention blurb), you should mark at the beginning of each document and communication “Without Prejudice”.
“Without Prejudice” doesn’t mean you can prevent your computer information ending up in the wrong hands. What it will do is ensure that nobody other than you can use those “Without Prejudice” marked notes, documents, and communications in your claim, including at your trial.
