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).
Social media posts and photos can play a role in NSW Compulsory Third Party (CTP) claims, particularly when assessing a claimant's ability to return to daily activities. Under NSW CTP rules, evidence like social media content may be used to challenge or support claims about recovery progress. This article explains how social media is treated under the Motor Accident Injuries Act 2017, what types of content matter, and how claimants in Auburn can prepare evidence.
How Social Media Evidence Is Used in CTP Claims
New South Wales CTP claims are governed by the Motor Accident Injuries Act 2017 and the Motor Accident Guidelines. While social media is not explicitly mentioned in these laws, SIRA (State Insurance Regulatory Authority) considers all evidence, including digital content, when assessing claims. Social media posts may be used to:
- Challenge claims about a person's ability to return to work or daily activities.
- Support claims by showing a lack of progress in recovery.
- Verify the authenticity of a claimant's reported activities.
For example, a post showing a claimant exercising or engaging in social events could be used to question whether they meet the threshold for ongoing benefits. Conversely, a post indicating limited mobility might support a claim for continued treatment.
Types of Social Media Content That Matter
Not all social media content is relevant, but certain types may be scrutinized:
- Photos and videos showing daily activities (e.g., cooking, shopping, or exercise). These may be compared to medical reports.
- Posts about work or social events that suggest a claimant is returning to normal routines.
- Comments or messages indicating a claimant's opinion about their recovery.
SIRA advises claimants to be cautious about sharing content that could be interpreted as contradicting their claim. For instance, a post about attending a concert might be used to challenge a claim of ongoing disability.
Preparing Social Media Evidence for Your CTP Claim
If your claim involves social media evidence, consider these steps:
- Review your posts to ensure they don't inadvertently contradict your claim. For example, avoid posting about work-related activities if your claim involves a work-related injury.
- Document your recovery journey with photos or videos that show your progress, such as using a wheelchair or performing daily tasks with assistance.
- Request a copy of any evidence your insurer or SIRA may use against your claim. This includes social media content they have accessed.
- Seek legal advice if your social media activity is being used to dispute your claim. A solicitor can help you challenge the relevance or admissibility of the evidence.
Time Limits and Disputes
CTP claims have strict time limits. Most claims must be submitted within 52 weeks of the accident, though exceptions exist for long-term injuries. Social media evidence may be used to dispute a claim after this period, but it cannot be used to restart a claim that has already expired.
If your claim is disputed, you may need to:
- Request a review of the evidence.
- Provide additional documentation to counter the social media content.
- Seek mediation or legal action if the dispute escalates.
When to Seek Advice
Social media evidence can significantly impact your CTP claim. If your insurer or SIRA challenges your ability to return to daily activities based on your online presence, it's essential to act quickly. A legal professional can help you:
- Challenge the relevance of the evidence.
- Navigate the rules about digital content.
- Ensure your claim is not unfairly affected by your social media activity.
Next Steps
CTP claims depend on the facts of your case. Social media evidence can support or challenge your ability to return to daily activities, but it must be handled carefully. If your claim is being affected by social media content, contact a legal professional to discuss your options.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.