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 evidence can play a role in determining eligibility for NSW Compulsory Third Party (CTP) motor accident claims. Under the Motor Accident Injuries Act 2017, social media posts and photos may be used to assess injuries, support claims, or challenge claimants’ assertions. This guide explains how the NSW CTP scheme evaluates digital evidence and outlines practical steps for Bankstown residents seeking compensation.
How the CTP Scheme Treats Social Media Evidence
The NSW CTP scheme allows evidence from various sources, including medical records, accident reports, and digital content. Social media posts may be considered if they:
- Show visible injuries (e.g., bruising, swelling)
- Demonstrate pre-existing conditions
- Highlight changes in behavior or mobility
- Support or contradict a claimant’s account of events
SIRA guidelines emphasize that digital evidence must be relevant, reliable, and properly preserved. For example, a photo of a visible injury posted shortly after an accident may support a claim for treatment benefits. However, posts claiming injuries that contradict medical evidence may weaken a claim.
Practical Steps for Preserving Social Media Evidence
To ensure social media content is admissible:
- Take screenshots of relevant posts with timestamps
- Save direct messages or comments related to the incident
- Document the account holder’s identity (e.g., username, profile details)
- Avoid editing or deleting content
Bankstown residents should also gather traditional evidence like medical records, accident reports, and witness statements. Social media alone cannot prove injuries or claim eligibility under the CTP scheme.
Time Limits and Dispute Resolution
Claimants must notify their insurer within 52 weeks of the accident if seeking treatment or income benefits. For lifetime claims, the 52-week period applies to injuries meeting the 'threshold injury' definition under the Motor Accident Guidelines. Social media evidence may be reviewed during this timeframe to assess claim validity.
If disputes arise, claimants can request a review by the NSW Civil and Administrative Tribunal (NCAT) or seek independent medical opinions. It’s crucial to act promptly and preserve all evidence, as digital content can be lost or altered.
When to Seek Legal Advice
Social media evidence can complicate claims, especially if it’s ambiguous or contested. For example, a claimant’s post about 'pain' without visible injuries may not meet the threshold injury criteria. Legal professionals can help interpret how digital evidence interacts with statutory requirements.
Bankstown residents with questions about their CTP claim should consult a solicitor before deadlines expire. General information cannot determine whether a claim is available in an individual case.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.