Getting Your Facebook Account in a Car Accident Case

Recently, a New York court limited a defendant’s access to an injured party’s social media accounts and postings. In Kregg v. Maldonado, the Appellate Division, Fourth Department, the defendant requested all social media accounts used or maintained by the plaintiff, who was involved in a motorcycle accident.

The defendant sought the “entire contents” from the plaintiff’s Facebook and MySpace accounts and any internet postings made in connection with those accounts. The plaintiff objected on the grounds of relevancy and stated that the request for the records was a “fishing expedition.”

The Court ruled that the defendant’s request was overbroad. In this case, there was no issue that any information in the social media accounts contradicted the plaintiff’s claims for damages. Instead, the Court held that the defendant needed to narrowly tailor its request to social media information that relates to the claimed injuries from the accident.

We have warned in many blogs on our website that defendants in personal injury cases demand access to a party’s social media accounts. This case, while correctly decided in my opinion, is another warning that anything you write or post on the internet may be discoverable in your case – and used against you.

Fighting for your rights in a New Hampshire car accident case takes an experienced lawyer. If you or someone close to you has been injured, please call Douglas, Leonard & Garvey, P.C. at (603) 288-1403 or fill out an online contact form.

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