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IMPORTANT - please look! (SERIOUS thread - not trivial)


creekland
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You know our dear friend in the car wreck?  (This isn't supposed to be a difficult question.)

 

Because she is pursuing legal action, she must have her quotes deleted. Please check and modify your posts if you have quoted her. THANKS A BUNCH!

 

Will be doing so myself super shortly...

 

And feel free to keep this bumped for a day or two if possible.

 

http://forums.welltrainedmind.com/topic/521633-faithmanor-car-accident/

 

http://forums.welltrainedmind.com/topic/522501-texting-and-driving/

 

http://forums.welltrainedmind.com/topic/521695-faithmanor-her-son-were-in-a-car-accident/

 

http://forums.welltrainedmind.com/topic/522617-nm/

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I think you should edit your subject line to include something like "about that recent car wreck with one of our members ..." I almost skipped past it as it stood thinking it was going to be a trivial, funny post and not having time this morning.

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I think I've fixed things (on this thread).  If anyone knows of anything else to do to improve something, let me know (or post it/link it/whatever).

 

If moderators remove threads, I'll go back and remove links.

 

This thread should be able to stay up a day or two for people to see what happened (hopefully).

 

Thanks all!

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Have you already reported the threads and asked them to be deleted? Just asking so we don't all "report"!

 

Plus I figured a bump wouldn't hurt!

 

I have not gotten to that yet and would love it if you could do it.  I'm splitting my time on here (both looking up things on the Hive and looking up MRI images) & with my guys.  Multi-tasking rules!  (but would also appreciate assistance!)

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It is ILLEGAL for her to delete anything that she has already posted. I work for a personal injury law firm and we always tell clients to stop posting on facebook, etc., but to NOT delete anything that has already been posted. Not sure about other people quoting her though.

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It is ILLEGAL for her to delete anything that she has already posted. I work for a personal injury law firm and we always tell clients to stop posting on facebook, etc., but to NOT delete anything that has already been posted. Not sure about other people quoting her though.

 

It is most certainly not illegal for other people or the moderators to delete it.

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It is most certainly not illegal for other people or the moderators to do it.

 

If something is deleted at her request it is illegal. If she is aware that something is being deleted she would have to testify to it at a deposition.

 

When we get a new client part of my job is to search online for anything and everything related to the client. If I stumbled across this thread I would have to assume the insurance company could find it also. The insurance would most certainly depose the client regarding what was posted, what was deleted, etc.

 

If the case was big enough perhaps even the people saying they deleted their threads would be deposed.

 

I have seen videos of surveillance done on clients that you would not believe. Insurance companies do not take this stuff lightly.

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I edited the title of the thread I posted on the Chat forum. It is now called "Deleted to protect another WTMer's privacy."

 

I also deleted my posts from that thread, but the member's name was mentioned in other posts, so I hope everyone will pop over there and remove the references.

 

I have also sent a message to the moderators asking that the entire thread be removed, to protect her privacy.

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If something is deleted at her request it is illegal. If she is aware that something is being deleted she would have to testify to it at a deposition.

 

When we get a new client part of my job is to search online for anything and everything related to the client. If I stumbled across this thread I would have to assume the insurance company could find it also. The insurance would most certainly depose the client regarding what was posted, what was deleted, etc.

 

If the case was big enough perhaps even the people saying they deleted their threads would be deposed.

 

I have seen videos of surveillance done on clients that you would not believe. Insurance companies do not take this stuff lightly.

 

Well, I think I read everything related to it and I seriously doubt there was anything at all that could be used - esp since we don't know exactly who was involved, or where, or anything identifiable, so I suspect we're fine.

 

Seriously, if someone were to ask me anything all I could tell them is:

 

"It was another idiot texting and driving who caused an accident causing significant injury to an online friend of mine."

 

And who/where was it?

 

"Beats me."

 

I suspect we're all fine.  ;)

 

Or I could always tell them:

 

"Fredalina did it," I suppose.  ;)  But then I might really get in trouble.  My mind just likes to have answers when someone questions - esp if they don't take "I don't know" as an answer the first time.

 

The "idiot texting and driving part" they could likely get themselves from the police report - and that just might have names and location... I wouldn't even know where to start searching for the police report!

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Well, I think I read everything related to it and I seriously doubt there was anything at all that could be used - esp since we don't know exactly who was involved, or where, or anything identifiable, so I suspect we're fine.

 

Seriously, if someone were to ask me anything all I could tell them is:

 

"It was another idiot texting and driving who caused an accident causing significant injury to an online friend of mine."

 

And who/where was it?

 

"Beats me."

 

I suspect we're all fine. ;)

 

Or I could always tell them:

 

"Fredalina did it," I suppose. ;) But then I might really get in trouble. My mind just likes to have answers when someone questions - esp if they don't take "I don't know" as an answer the first time.

 

The "idiot texting and driving part" they could likely get themselves from the police report - and that just might have names and location... I wouldn't even know where to start searching for the police report!

:iagree:

 

I can't imagine anything that anyone posted being potentially integral to any kind of investigation. As you said, no names or locations were mentioned, and our member didn't incriminate herself in any way. There wasn't one thing she said that could have been held against her.

 

If anything, her posts might have actually benefited her case, to show that she has been consistent right from the start that the Incident in Question wasn't her fault.

 

I know that the thread I started in the Chat forum was nothing more than "one of our members was in an accident and there's a thread on the high school forum about it," and the responding posts were all sympathetic toward our member, but no details whatsoever were shared by anyone who posted there.

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:iagree:

 

I can't imagine anything that anyone posted being potentially integral to any kind of investigation. As you said, no names or locations were mentioned, and our member didn't incriminate herself in any way. There wasn't one thing she said that could have been held against her.

 

If anything, her posts might have actually benefited her case, to show that she has been consistent right from the start that the Incident in Question wasn't her fault.

 

I know that the thread I started in the Chat forum was nothing more than "one of our members was in an accident and there's a thread on the high school forum about it," and the responding posts were all sympathetic toward our member, but no details whatsoever were shared by anyone who posted there.

 

If this is indeed the case, and if what homes'cool says is true, then it would be best to not delete anything and just let it stand.  If you start deleting, it makes you look like you're hiding things.

 

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If this is indeed the case, and if what homes'cool says is true, then it would be best to not delete anything and just let it stand. If you start deleting, it makes you look like you're hiding things.

 

Well, it's too late now. :)

 

I have no involvement in her case and I don't even know her real name, so I'm not concerned. All I did was direct people to the other thread, and I deleted my posts out of courtesy after it was requested that we all do so.

 

It's not the first time (and I'm sure it won't be the last) when a member requests that we delete our posts or quotes for privacy purposes, and I believe that in at least some cases, legal action was involved (divorce, abuse, child custody, etc.,) yet nothing ever happened to any of us including the OPs, for deleting our posts.

 

Realistically, the Member in Question is the only person who could really be harmed by the content of her posts, if it turned out that she was misrepresenting what had happened or lying about things like the type and extent of the injuries sustained in the accident, because it could damage her credibility in a legal action, but I'm sure that's not the case here and she is just following her attorney's instructions to get the info off the Internet -- and many of us abided by her request out of courtesy for a fellow boardie who's going through a tough time.

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If this is indeed the case, and if what homes'cool says is true, then it would be best to not delete anything and just let it stand.  If you start deleting, it makes you look like you're hiding things.

 

 

I tend to think it's only illegal IF specific info is shared (and it wasn't) and perhaps IF someone was directly told not to (which I highly doubt).

 

Without specific info being shared, I really wonder how anyone at all would be able to come up with these threads.  Does one do a google search for texting and driving accidents and muddle through all 1,660,000 results?

 

It could make sense is Harolina were bashing Fredolina (by name and location) and spewing about it, but that just isn't/wasn't the case.  From what I saw, we never even got a link to any newspaper report.  For all we truly know, it was all a ploy from a bored poster.  I seriously doubt it, but if it comes right down to what we KNOW, well... that's the truth... It may even be more of the "truth" if legal counsel suggested doing it and it's against the law - or the law may differ in some states.

 

I'm not concerned personally.  I'm ok deleting my posts.

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I just thought of a potential plus...

 

If, against all odds, someone came upon this board and these threads and did want me to go "there" (wherever there is) to state anything related to what I saw and/or deleted, do they pay travel expenses?  'Cause that could interest this travel junkie... esp if I also got the bonus of actually meeting the board member in question.

 

Just thinking outside the box...

 

Oh wait, there's more!  Many of you deleted posts, right?  Should we start making a pot luck list?  This could be downright FUN (better than listening to a timeshare spiel for a vacation)!  I'm game!

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Well, in light of possible travel, I'm starting to remember more - like the location. I'm pretty sure it was at AN INTERSECTION with a stop sign. There can't be too many of those around, so it ought to narrow things down a little.

I can practically picture it in my mind now. It's almost like I was right there.

 

Hey, you're there, too! Can you see me waving at you?

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I am sure I can find some posts of mine to delete....

 

More mojitos... ;)  

 

And I'll confess I have to drop out for the night.  I'm one of those early risers no matter what time I go to bed, so if I'm to be the least bit "non-cranky" tomorrow...

 

I'll add up the mojito orders in the morning.  There's not really a limit.  The more the merrier!  I'd love to meet many of you and if this is all it takes... well, start deleting!

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I just thought of a potential plus...

 

If, against all odds, someone came upon this board and these threads and did want me to go "there" (wherever there is) to state anything related to what I saw and/or deleted, do they pay travel expenses?  'Cause that could interest this travel junkie... esp if I also got the bonus of actually meeting the board member in question.

 

Just thinking outside the box...

 

Oh wait, there's more!  Many of you deleted posts, right?  Should we start making a pot luck list?  This could be downright FUN (better than listening to a timeshare spiel for a vacation)!  I'm game!

Most likely, someone could try and use something here to impeach the poster who was in the accident. Or, refresh her memory (good and bad ways) with time-stamped statements. It would go something like this:

 

Opposing atty: Ma'am, do you have an account on WTM Forums?

 

her: Yes, I do.

 

atty: and your user name is blahblah?

 

her: Yes.

 

atty: do you recall posting on the WTM forum on xx date?

 

her: yes.

 

atty: and do you recall writing an account of your accident at that time?

 

her: yes.

 

atty: and do you recall stating xxx. in that post?

 

 

OR (to refresh memory)

 

atty: you say you do not recall the events of XXX because of trauma, is that correct?

 

her: correct.

 

atty: you have an account on WTM as blahblah, yes?

 

her: yes.

 

atty: and you wrote about the events of XXX on that forum very soon after the accident, yes?

 

her: yes

 

atty: and you had no reason to write anything other than what actually happened?

 

her: no

 

atty: you wrote xxx, did you not?

 

her: yes

 

atty: so if you wrote xxx at that time, it was as far as you know your true recollection of the events of XXX at the time you wrote it, 

 

her: yes

 

the first example would be setting her up to use her words here against her, the latter to help her bolster her case.

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It is ILLEGAL for her to delete anything that she has already posted. I work for a personal injury law firm and we always tell clients to stop posting on facebook, etc., but to NOT delete anything that has already been posted. Not sure about other people quoting her though.

 

This is probably off-topic' in this particular thread, but unless this type of research is a trade secret, I would love to know more about this. If Home'scool could start a separate thread, I for one would be really interested.

 

Why exactly should people stop posting? How do you go about searching for hidden bit and bobs of peoples lives on the net? Why?

 

I've heard, in the past, about not posting anything during an active lawsuit, but I've never understood the nuances of why and how it could be used.

 

edit: because as soon as I hit the post button, I saw a sneaky typo.

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Most likely, someone could try and use something here to impeach the poster who was in the accident. Or, refresh her memory (good and bad ways) with time-stamped statements. 

 

I'd agree with you IF what had been posted was a tyrannical ranting against Fredolina berating her family, history, and more, well beyond facts of the accident that could be found in the police report or newspaper.

 

I'd agree with you if anyone had suggested "aiming" at Fredolina directly with a smear campaign.

 

I'd agree with you IF what had been posted were anything stating injuries weren't bad or recovery should be swift.

 

I'd agree with you IF someone had been given legal counsel to ensure nothing happened to posts - in which case - screen shots should have been taken as no one can control anything online.

 

None of this happened.

 

As a pp mentioned, many request that posts get deleted for privacy and/or legal reasons.  IMO, we should respect that request when it comes.

 

And I'm perfectly ok it that means I end up taking a trip :coolgleamA: , but I'd still love to know exactly how the opposing attorney would figure out these threads even existed with as little google searchable data as was posted, because "I'd" love to be able to do google searches that well!

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To answer some of the questions about how I do searches and how it can be used against you:

 

When we sign up a client we ask for all user names and accounts they are on, such as Facebook, twitter, instagram, etc. That is where I start. Plus I google their name and hometown to see what comes up. Lots of times the person is mentioned in local articles about library programs or charities, etc. Any relatives or children's names that come up also get searched. There is also a web search account that we pay for that will show us every place a person has lived, all the addresses, the names of all the neighbors around them, their relatives, any addresses that are associated with them including PO boxes. Once I have the names of their relatives I search for their Facebook/twitter accounts etc for pictures of the client that might show up.

 

For an example: we had a client who was rear ended. She was in her 20's and said that she could no longer sit for long periods of time, could not go from a standing to a sitting position quickly, could no longer do road races, etc.

 

The insurance company followed her for THREE YEARS. They had video of her getting in and out of her car with ease, sitting at a coffee shop for over a half hour, even participating in a road race. They followed her on the highways to show her speeding and even followed her into a spin class, sat right next to her, and taped her. She had no idea they were taping her and the insurance company is not required to tell her or us.

 

With three years of video the insurance company edited it down to about 30 minutes. So you see her crossing the finish line of the road race while running, about 20 seconds worth, but they do not show that she walked the rest of the way. If there was a time that she got in and out of the car in a slow and painful manner, then that footage is not included. They only need to establish doubt.

 

This client also went to her brother's wedding. From a friend's Facebook page they had pictures of her dancing. In one photo she is slow dancing with her brother with her arms up on his shoulders. They use that to establish that her back is pain free. 

 

Some people don't realize if you tweet things like "girls night out!" or "spent the day shopping with mom" it is harder to establish that your life has been negatively affected by your injury. Maybe that was the first time you had gone out in over a year, but again .... establishing doubt. 

 

We had one client, a teen, who was in a car accident and injured his shoulder. His Facebook was full of pictures of him dirt biking along with crashes. He even had a picture of an x-ray of his arm from two years prior when he hurt himself. He cannot delete those, that is tampering with evidence, but it makes our job harder. 

 

One client who was in her 60's fell on a neighbors deck and hurt her arm. The insurance company denied the claim because when she was born she was diagnosed with Bells Palsy. They went back 60 years to retrieve her birth records.

 

Insurance companies are ruthless.

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That was pretty useful/interesting, Home'scool, thanks for sharing!

 

I still don't think it really applies to these specific posts and in this case, but it's good to know in general.

 

I kind of like it when insurance companies expose frauds - true frauds.  A couple of those have made the local news in the not so distant past and there really was no doubt.  There are gold-diggers out there.

 

It's ruthless and the equivalent of gold-digging when the companies try to stage the real truth to their advantage.  I hope any judge/jury can see through those things.  It is likely that legal counsel is VERY beneficial to balance it all out.

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It is ILLEGAL for her to delete anything that she has already posted. I work for a personal injury law firm and we always tell clients to stop posting on facebook, etc., but to NOT delete anything that has already been posted. Not sure about other people quoting her though.

Please cite the relevant state statutes that make it "illegal" for someone to delete message board posts.

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