Social Media Evidence in CTP Claims: What You Need to Know
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).
If you were involved in a motor accident in Greater Sydney and have shared photos or updates on social media showing you returning to daily activities, this may affect your claim for Compulsory Third Party (CTP) insurance compensation. The use of social media evidence in CTP claims is governed by the Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017, which apply to all claims in New South Wales, including those in Greater Sydney. Insurers and assessors may review your social media activity to assess whether your injuries are consistent with your reported limitations. However, social media posts cannot override medical evidence or the formal assessment process.
How Social Media Evidence Is Used in CTP Claims
Social media content, including photos, videos, and updates, may be considered as part of the evidence when assessing a claim under the CTP scheme. This includes posts showing you engaging in activities such as shopping, exercising, travelling, or attending social events. The insurer may use this to assess whether your injuries are affecting your capacity to perform daily tasks, as required under the Motor Accident Injuries Act 2017.
SIRA, the NSW government body responsible for administering CTP claims, confirms that social media evidence may be used to assess a claimant’s functional capacity and return to daily activities. However, it is not the sole determinant. The assessment must be based on a combination of medical evidence, treatment records, and a formal functional capacity assessment. Social media posts that appear to contradict medical reports may prompt a review of your claim, but they do not automatically invalidate it.
What You Should Know About Your Daily Activities and CTP Claims
Returning to daily activities is a key factor in determining eligibility for weekly income payments and treatment and care benefits under the CTP scheme. The Motor Accident Injuries Act 2017 allows for compensation for loss of income and for treatment and care, but only if the injury is not a threshold injury. For claimants with threshold injuries, benefits are limited to 52 weeks unless a higher threshold is met.
If you have posted on social media showing you returning to normal routines, such as driving, shopping, or working, this may be used to support a claim that your injuries are not significantly impacting your daily life. However, the context of the post matters. A photo from a weekend outing does not necessarily indicate full recovery. Insurers may consider the nature of the activity, duration, and whether it was consistent with your medical treatment plan.
Practical Steps and Evidence That Matter
When making a CTP claim in NSW, it is important to preserve all relevant evidence. This includes:
- Medical records from your treating practitioner, including assessments of functional capacity
- Treatment and care plans, including referrals for physiotherapy, psychology, or rehabilitation
- Photos and videos of your injury, if taken at the time of the accident
- Witness statements, including details of your condition immediately after the accident
- Correspondence with your insurer, including claim forms and response letters
- Records of any changes in your daily routine, such as reduced work hours or inability to perform household tasks
If you have posted on social media, keep a record of the date, time, and context of the post. Be aware that even private or restricted posts may be accessed by insurers under a formal request, particularly if they are part of a formal investigation.
Time Limits and Dispute Options
There are time limits for making a CTP claim in NSW. You must notify your insurer within 6 months of the accident, and you must make a claim within 3 years of the accident date. These deadlines apply regardless of whether you have posted on social media.
If your claim is disputed because of social media evidence, you have the right to request a review. You may also seek an independent medical assessment or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. SIRA provides guidance on the dispute process, including how to submit evidence and request a review.
When to Seek Independent Advice
Social media evidence can be complex and potentially misleading. A post showing you at a family event may not reflect your actual functional capacity, especially if you were in pain or using pain relief. Conversely, a post showing you at a gym may not indicate full recovery if you were only walking on a treadmill for five minutes.
If you are unsure whether your social media activity could affect your claim, or if you have been contacted by an insurer about a post, it is advisable to seek independent legal advice. The nature of the post, the timing, and the context of your injuries must be assessed in relation to your medical evidence and the formal assessment process.
A Realistic Example
Consider a claimant in Sydney who was involved in a car accident in February 2024. They were diagnosed with a soft-tissue injury and were unable to work for six weeks. In April 2024, they posted a photo on Facebook showing them walking at a local park with a friend. The insurer used this post to challenge the claim, arguing that the claimant was not significantly impaired. However, the medical report confirmed that the claimant was still undergoing physiotherapy and had not returned to full duties at work. The claim was upheld because the medical evidence, not the social media post, was the primary basis for assessment.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.