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 supporting injury claims under NSW's Compulsory Third Party (CTP) scheme. This guide explains what types of social media evidence are admissible, how to document injuries effectively, and how to align your records with SIRA guidelines. If you're unsure whether your evidence meets legal standards, complete the quick, no obligation enquiry form to request contact about your circumstances.
What Types of Social Media Evidence Are Admissible in NSW CTP Claims?
Under the Motor Accident Injuries Act 2017 (MAIA), evidence must be relevant to proving injuries, treatment, or financial loss. Social media content may be admissible if it:
- Shows visible injuries (e.g., bruising, swelling, or lacerations) with dates and locations
- Documents treatment progress or recovery timelines
- Supports claims for pain and suffering or psychological impact
- Demonstrates pre- and post-accident physical condition
SIRA guidelines emphasize that evidence must be 'directly relevant' to the claim. For example, a photo of a visible bruise taken on the day of the accident, with a timestamp and location, is more credible than a generic post about 'feeling unwell'.
How to Document Injuries Using Social Media for CTP Claims
To strengthen your claim, follow these steps:
- Take clear photos of injuries from multiple angles, including close-ups of affected areas
- Include timestamps and location details in captions or comments
- Post regularly to show progression of injuries or recovery
- Save drafts of posts before publishing, as platforms may alter or remove content
- Keep records of all interactions with insurers or medical professionals
For example, a claimant who posted a series of photos showing worsening bruising over three weeks, with accompanying notes about difficulty sleeping due to pain, could demonstrate the severity and duration of their injuries.
SIRA Guidelines for Social Media Evidence
SIRA's Motor Accident Claims page states that evidence must be 'objective, reliable, and verifiable'. Social media content should:
- Be created by the claimant or a medical professional
- Avoid subjective statements (e.g., 'I'm in so much pain') unless supported by medical records
- Be preserved in its original format (e.g., screenshots of posts)
- Be accompanied by medical documentation to confirm injury details
SIRA also advises claimants to avoid posting unverified claims or making accusations on social media, as this could prejudice their case.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident under the MAIA. If your injuries are classified as 'threshold injuries' (minor soft tissue damage), benefits may stop after 52 weeks unless you meet specific criteria for long-term impairment. If you're unsure whether your evidence meets legal standards or need help navigating disputes, seek advice from a legal professional.
Final Steps for Claimants
Social media can be a valuable tool for documenting injuries, but it must be used carefully. Always combine digital evidence with medical records and follow SIRA's guidelines to ensure your claim is strong. If you need help assessing your evidence or understanding your options, complete the quick, no obligation enquiry form to request contact about your circumstances.