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).
Social media posts and photos can play a role in NSW Compulsory Third Party (CTP) motor accident claims, but their use depends on relevance, admissibility, and how they align with SIRA's evidence guidelines. Caregivers and families in the Illawarra and South Coast regions should understand how digital content might impact claims, what evidence is accepted, and steps to protect their interests.
How NSW CTP Insurers Evaluate Social Media Evidence
NSW CTP insurers assess all evidence to determine claim validity, including social media. Posts or photos may be used to:
- Confirm injury severity (e.g., visible bruising, mobility issues)
- Show pre-existing conditions or injuries
- Support claims for care requirements (e.g., photos of assistance needed)
- Challenge claims by demonstrating inconsistencies
SIRA's guidelines state that evidence must be directly relevant to the claim. For example, a photo of a fractured arm would support a claim, while a casual post about 'feeling sore' without medical corroboration might not be sufficient. Insurers may also consider the timing of posts relative to the accident.
Key Considerations for Caregivers and Families
- Avoid sharing personal details: Posts about the injured person's condition, recovery, or emotional state could be used to challenge claims. For instance, a post stating 'I can't walk' without medical evidence might be interpreted as exaggerating injury.
- Document care requirements: Photos of daily assistance (e.g., help with meals, mobility aids) can support claims for care payments. Ensure these are dated and stored securely.
- Preserve digital records: Save screenshots of relevant posts, along with dates and context. SIRA may request these to verify claims.
- Understand SIRA's evidence rules: SIRA requires evidence to be 'directly relevant' and 'not speculative'. For example, a social media post alone cannot prove a 'threshold injury' (as defined in the Motor Accident Injuries Act 2017) without medical confirmation.
Practical Steps for Caregivers
- Consult a solicitor if social media content could affect your claim. Legal advice can help navigate how evidence is interpreted.
- Keep a record of all interactions: Note any messages, calls, or correspondence with insurers or medical professionals.
- Seek medical documentation: Always confirm injuries with medical records, as social media alone cannot replace clinical evidence.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if only 'threshold injuries' are involved (per s 4.4 of the Motor Accident Injuries Act 2017). Social media evidence must be submitted alongside other documentation within this timeframe. If a dispute arises, SIRA may request independent assessments or medical reports to resolve inconsistencies.
Example Scenario
A caregiver posts a photo of their injured relative using a walking stick. This could support a claim for care payments. However, if the post also includes a comment like 'I'm not hurt at all', it might be used to challenge the claim's validity. SIRA would assess both the medical evidence and the social media content together.
When to Seek Legal Advice
Caregivers should consult a solicitor if:
- Social media content is being used to dispute the claim
- There are questions about the relevance of specific posts
- The claim involves complex care requirements or long-term injuries
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.