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).
Social media posts and photos can influence NSW CTP claims, especially when family caregivers are involved. Under the Motor Accident Injuries Act 2017, evidence must be relevant to injuries, treatment, or financial impact. Caregivers should understand how digital content may be assessed by insurers or legal teams. This article explains SIRA’s approach to balancing privacy and evidentiary standards, practical steps for caregivers, and when to seek legal advice.
How SIRA Evaluates Social Media Evidence
SIRA (State Insurance Regulatory Authority) assesses all evidence based on its relevance to the claim. Social media content, such as photos of injuries or posts about recovery, may be used to verify the nature and severity of injuries. However, SIRA emphasizes that evidence must be directly connected to the accident’s consequences. For example, a caregiver’s post about a family member’s mobility issues after an accident could support a claim for treatment and care benefits. Privacy laws still protect personal information, so insurers must justify using social media evidence in court or during claims reviews.
Practical Steps for Family Caregivers
Caregivers should document all evidence related to the injury, including: medical records, accident reports, witness statements, and photos of injuries. Social media posts may be relevant if they show the injured person’s recovery progress or financial impact. For instance, a post about reduced income due to caregiving responsibilities could support a claim for weekly income payments. However, caregivers should avoid sharing sensitive information online, as it could be misinterpreted or used against the claim. Always consult with a legal professional before posting about the injury or recovery.
Time Limits and Dispute Resolution
NSW 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. If the injury exceeds this threshold, claims can be made at any time. Disputes over evidence may arise if insurers challenge the relevance of social media content. Caregivers should request written explanations for any evidence-related decisions and seek legal advice if they believe their rights are affected.
Example: Social Media and Caregiver Responsibilities
Consider a scenario where a caregiver posts a photo of an injured family member using a mobility aid. This could support a claim for treatment and care benefits. However, if the post also includes personal opinions about the accident, it might be challenged as irrelevant. Caregivers should focus on factual evidence and avoid speculative comments. Legal teams will assess whether the content meets SIRA’s evidentiary standards without violating privacy laws.
When to Seek Legal Advice
Caregivers should consult a solicitor if they are unsure how to handle social media evidence, face disputes over claim eligibility, or need help navigating SIRA’s requirements. A lawyer can explain how to preserve evidence, challenge unfair decisions, or ensure privacy rights are protected. Time limits for claims and disputes must be carefully managed to avoid losing entitlements.
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