Social Media and Claims, What Changed After 2017 Reforms in Albury NSW
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
The 2017 reforms to NSW Compulsory Third Party (CTP) motor accident compensation introduced significant changes to how evidence is assessed in claims. One key development affecting claimants is the increased scrutiny of social media content. Insurers and claim assessors now consider online posts, photos, and videos as potential evidence, requiring claimants to understand their legal implications.
NSW CTP Rules Governing Social Media Evidence
Under the Motor Accident Injuries Act 2017, social media content is treated as any other form of evidence. Insurers may use posts to assess a claimant’s recovery progress, mental state, or ability to work. For example, a claimant sharing a photo of themselves exercising shortly after an injury could be interpreted as contradicting their reported limitations. However, the 2017 reforms clarified that social media evidence must be evaluated in context, with courts emphasizing that online activity alone cannot determine injury severity.
Practical Steps for Managing Social Media Evidence
Claimants should take the following steps to manage their online presence during a CTP claim:
- Review and restrict public posts about the injury, recovery, or treatment.
- Avoid sharing photos or videos that could be misinterpreted as contradicting medical advice.
- Document all social media interactions with insurers or claim assessors.
- Seek legal advice if social media activity is being used against the claim.
Insurers may also request access to a claimant’s social media accounts, but this is limited by privacy laws. Claimants should consult a solicitor before granting such access.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident if the injury is classified as a 'threshold injury' under the Motor Accident Guidelines. Social media evidence may affect this timeline if it suggests the injury is not as severe as claimed. Claimants should act quickly to preserve evidence and challenge any unfair assessments.
If an insurer disputes a claim based on social media content, claimants can request a review by the NSW Civil and Administrative Tribunal (NCAT) or seek mediation through the NSW Motor Accident Claims Tribunal. These options are available under the 2017 reforms, which emphasize fair dispute resolution.
When to Seek Legal Advice
Social media evidence can complicate CTP claims in ways that are not immediately obvious. For example, a claimant may unknowingly post content that undermines their credibility, or an insurer may misinterpret a post as indicating a pre-existing condition. In such cases, legal advice is essential to protect the claimant’s rights.
The 2017 reforms do not provide blanket protections for social media activity, but they do require insurers to justify how such evidence affects a claim. Claimants should ensure they understand how their online presence may interact with their legal rights under NSW CTP law.
Next Steps
CTP entitlements depend on the specific facts of each case, including the date of the accident, the nature of the injury, and the evidence available. To request contact about your circumstances, complete the quick, no obligation enquiry form.