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 how they fit with the legal framework. Injured road users should understand how digital evidence is treated under the Motor Accident Injuries Act 2017 and SIRA guidelines. This article explains how social media content may be used in claims, outlines practical steps to take early, and highlights considerations for injured drivers, passengers, cyclists, and pedestrians.
How Social Media Evidence is Treated in CTP Claims
Under NSW law, social media posts and photos may be considered as evidence in motor accident disputes, but they are not automatically admissible. The key is whether the content is relevant to the claim and meets legal standards. For example, a photo of an injured person taken at the scene could support a claim for treatment and care benefits, while a post describing the accident’s impact might help establish the injury’s effect on daily life.
SIRA (State Insurance Regulatory Authority) provides guidance on what evidence is acceptable. According to SIRA’s Making a Motor Accident Claim page, digital evidence must be preserved in its original form and linked to the claimant’s circumstances. Social media content is treated like any other evidence, its reliability depends on factors such as the account holder’s identity, the time of posting, and whether it’s corroborated by other records.
Early Steps for Injured Road Users
If you’ve been injured in a motor accident and want to use social media evidence, take these steps early:
- Preserve the evidence: Save screenshots of posts, stories, and photos. Note the date and time of the post, and ensure the account is active and linked to your identity.
- Document the injury: Take photos of your injuries and the accident scene. This complements social media evidence by providing a visual record of the claim.
- Notify the insurer: Inform the at-fault driver’s insurer about your intention to use social media evidence. SIRA requires claimants to disclose all evidence, including digital content.
- Seek legal advice: A solicitor can help you understand how to present social media evidence in a way that aligns with SIRA’s guidelines and the Motor Accident Injuries Act 2017.
Time Limits and Dispute Options
CTP claims in NSW have strict time limits. Most claims must be submitted within 52 weeks of the accident, though exceptions exist for injuries requiring long-term treatment. Social media evidence may affect this timeline if it’s used to establish the injury’s onset date.
- If a dispute arises over the use of social media evidence, SIRA’s
- What You Can Claim* page outlines the process for resolving disagreements. Claimants should also be aware that the
- Motor Accident Injuries Act 2017* limits benefits for injuries that don’t meet the threshold injury criteria, which could impact how digital evidence is weighted in a claim.
A Hypothetical Example
Consider a cyclist who posted a photo of a fractured wrist taken at the accident scene. This evidence could support a claim for treatment and care benefits under the Motor Accident Injuries Act 2017. However, if the post was made 60 weeks after the accident, it might not meet the 52-week deadline for benefits. In this case, the claimant would need to rely on other evidence, such as medical records, to establish the injury’s timeline.
When to Seek Advice
Social media evidence can be powerful but must be handled carefully. Injured road users should consult a solicitor before sharing content online, as posts could be misinterpreted or used against the claimant in a dispute. A legal professional can also help navigate SIRA’s requirements and ensure the evidence is used effectively.
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. Social media content may be relevant but must be managed in line with NSW law. To request contact about your circumstances, complete the quick, no obligation enquiry form.