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. While social media posts and photos may be used to support or challenge a claim, the NSW CTP scheme has specific rules about what constitutes valid evidence. This article explains how social media content interacts with scheme eligibility requirements, including documentation best practices and legal boundaries.
How Social Media Evidence Affects CTP Eligibility
Under the NSW CTP scheme, claimants must prove they meet the scheme’s eligibility criteria, such as having a threshold injury or requiring treatment. Social media posts may be used as evidence to support a claim, but they must align with medical and legal standards. For example, a post showing visible injuries or recovery progress could corroborate a claimant’s injury timeline.
However, social media content is not automatically admissible. Insurers and the NSW Motor Accident Insurance Authority (SIRA) will assess whether the evidence is relevant, credible, and consistent with other documentation. Posts that appear to contradict medical records or claim timelines may be scrutinized more closely.
Practical Steps for Handling Social Media Evidence
Claimants should consider the following when managing social media content:
- Preserve posts: Save screenshots of relevant posts, including dates and times.
- Avoid speculative claims: Posts about injuries, recovery, or financial impact should be factual and avoid exaggeration.
- Be mindful of privacy: Public posts may be used as evidence, but private messages or posts may not be admissible.
Insurers may also request access to social media accounts to verify claims, but this is typically limited to posts visible to the public. Claimants should seek legal advice before granting access to private accounts.
Legal Boundaries for Using Social Media Evidence
NSW law does not explicitly prohibit the use of social media evidence, but its admissibility depends on:
- Relevance: Whether the evidence directly relates to the claim.
- Credibility: Whether the content is trustworthy and consistent with other evidence.
- Compliance with privacy laws: Posts must not breach the Privacy Act 1988 or other relevant legislation.
Insurers must also comply with the NSW Civil and Administrative Tribunal (NCAT) rules on evidence. For example, they cannot use social media content to infer fault unless it directly supports the claim.
Hypothetical Example
Consider a claimant who posted a photo of a bruised knee shortly after an accident. This could support a claim for a threshold injury under the Motor Accident Injuries Act 2017. However, if the post was made months after the accident without medical confirmation, it may not be sufficient on its own.
Time Limits and When to Seek Advice
Claimants must notify their insurer within 52 weeks of the accident to claim weekly benefits or treatment and care payments. Social media evidence should be gathered and preserved as soon as possible to support this timeline. If a claimant is unsure how to handle social media content, they should contact a legal professional to ensure their evidence is used appropriately.
Next Steps
CTP scheme eligibility and the use of social media evidence depend on the specific facts of each case. To request contact about your circumstances, complete the quick, no obligation enquiry form.