Social media can have an impact on your personal injury case in more ways than one. In our practice, we frequently come across cases where social activities that are publicly and digitally recorded are used by insurance companies to refute claims.  

Recently in an Alberta personal injury case, a lawyer was granted the use of data collected from a Fitbit watch to validate a client’s claim.  The client was a former personal trainer who was, unfortunately, in an accident that affected her ability to work.  He intended to use the data from the fitness tracking device to compare her activity levels before and after the accident.

Many questions and implications can arise from this recent decision as there are quite a few fitness trackers that measure sleep activity, physical activity, heart rate and other such information.  Where clinical references or medical reports were previously the only way to track and analyze a person’s ability, fitness tracking devices can now offer a more in depth, and some would say ‘invasive’, look at a person’s activity level through an entire day.

Many wonder where the line will be drawn in terms of privacy.  As it stands, the law usually has to play “catch up” with technology.  Just how much information will insurers be able to access from a client’s tracking device?  Owners of these devices may not be aware that the company behind the brand of watch can be forced to provide all information gathered from your device.

Another cause of concern regarding the new technological devices is how reliable the information will be. Currently there is no standardized format amongst the different brands and devices.  Physical activity is measured in different ways; from the wave of a hand to actual walking or running, the data collected can sometimes be misleading.  Additionally, people don’t always wear or charge their devices so keeping a true scope of activity can be difficult.

The future may see insurance companies demanding that clients use this same form of physical tracking to more accurately assess their physical condition or perhaps, demand access to their electronic devices that track their movements and lifestyle.  Some insurance companies have already begun using this fitness tracking device to measure the overall fitness of potential clients.

At Burn Tucker Lachaîne, we have years of experience in the personal injury field and have represented many clients in civil litigation across Eastern Ontario.  We keep abreast of changes in legislation, particularly with regard to the impact that new technology may have on your case.

If you have been injured in an accident, give us a call today and let us help you through the legal process, terminology and regulations that can often be overwhelming but are nevertheless necessary in the process of making a claim for your rightful compensation.

If you have been injured in an accident, give us a call today and let us help you through the legal process, terminology and regulations that can often be overwhelming but are nevertheless necessary in the process of making a claim for your  rightful compensation.

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