A Reminder About Social Media and Personal Injury Claims
Sarah Tambosso’s Facebook posts showed her engaging in a variety of activities and social events while her evidence at trial presented a picture of a very different individual with a family, work and social life that was very limited. The court found Ms. Tambosso’s evidence unreliable and she was awarded a very modest amount.
This recent decision (Tambosso v. Holmes, 2015 BCSC 359) out of the BC Supreme Court offers a reminder about how ICBC may use social media posts that appear inconsistent with an injury claim.
THE LESSON: The courts are well aware that posts and photos are only a snapshot in time. They are usually treated with skepticism by the court. All but the most seriously injured would still be smiling in wedding photos posted online. I have never seen a picture of Rick Hansen, our decorated wheelchair athlete, where he wasn’t smiling. That does not mean, however, he does not face daily challenges and frustrations due to his injuries. What you tell your doctor, what you tell your friends, and what you post online will all be tested by ICBC. Be fair and be consistent in what you say and there are no issues. Remember, though, that ICBC is not your “Friend.”