Shots
Well-Known Member
There's nothing wrong with the details of the thread. There is one post, where there's a sarcastic response to someone blaming the OP. That is not an admission of guilt, and will not hold up in court (civil or criminal).
What's more is that the insurance company would have to know he's on this forum to find it. It's not like fb or other social media platforms where you use your actual name. They can't search by name to find him and there are a ton of Jeep forums to search through if they even know he's on one. Joe is a pretty common name, so this may be the Joe they're looking for, or maybe not.
Keep in mind the court is very clear. If this thread is brought up as evidence it's not just that one post that gets to be used. All of it detailing how the other driver was at fault also gets used. The court is not a pick and chose format, it's all or nothing.
And the coup de grâace is that this whole thread is hearsay evidence anyway. In other words, without a lot of forensic backing it's inadmissible. So even if they somehow find the thread, and sufficiently identify the Jeep as the one involved, they won't be able to prove the OP is the one who posted it. Anyone could have created that account. Maybe the OP's friend, or spouse, or even the tow truck driver for all we can prove. Forensics can prove the IP address (ie the origin of the posts) which will narrow it down, but that's not proof that the OP wrote it. To actually prove that these were the OP's words, it would take a lot more computer forensics than the insurance company is going to pay for a weak attempt to try to depict a single sarcastic comment as an admission of guilt. Especially when there are multiple posts by the OP to the contrary.
I get that people are just trying to be helpful, and looking out for the OP's best interest. I think that's very smart, and kind. If the thread was talking about how he screwed up, then I'd absolutely agree that it should be wiped out. However there's nothing exculpatory here, so the OP has nothing to worry about with what's been posted.
The point in this post isn't to say people shouldn't recommend caution. I'm simply posting to put Joe's mind at ease. One less thing to stress about, you've got enough on your plate. If you're truly concerned about a post made in anger/frustration, you would only need to delete the sarcastic comment.
What's more is that the insurance company would have to know he's on this forum to find it. It's not like fb or other social media platforms where you use your actual name. They can't search by name to find him and there are a ton of Jeep forums to search through if they even know he's on one. Joe is a pretty common name, so this may be the Joe they're looking for, or maybe not.
Keep in mind the court is very clear. If this thread is brought up as evidence it's not just that one post that gets to be used. All of it detailing how the other driver was at fault also gets used. The court is not a pick and chose format, it's all or nothing.
And the coup de grâace is that this whole thread is hearsay evidence anyway. In other words, without a lot of forensic backing it's inadmissible. So even if they somehow find the thread, and sufficiently identify the Jeep as the one involved, they won't be able to prove the OP is the one who posted it. Anyone could have created that account. Maybe the OP's friend, or spouse, or even the tow truck driver for all we can prove. Forensics can prove the IP address (ie the origin of the posts) which will narrow it down, but that's not proof that the OP wrote it. To actually prove that these were the OP's words, it would take a lot more computer forensics than the insurance company is going to pay for a weak attempt to try to depict a single sarcastic comment as an admission of guilt. Especially when there are multiple posts by the OP to the contrary.
I get that people are just trying to be helpful, and looking out for the OP's best interest. I think that's very smart, and kind. If the thread was talking about how he screwed up, then I'd absolutely agree that it should be wiped out. However there's nothing exculpatory here, so the OP has nothing to worry about with what's been posted.
The point in this post isn't to say people shouldn't recommend caution. I'm simply posting to put Joe's mind at ease. One less thing to stress about, you've got enough on your plate. If you're truly concerned about a post made in anger/frustration, you would only need to delete the sarcastic comment.
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