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 New South Wales Compulsory Third Party (CTP) motor accident claims, but their admissibility depends on how they fit with other evidence. If you're in Ballina and involved in a motor accident, understanding how to preserve and use social media content could affect your claim. This article explains how SIRA’s guidelines apply to digital evidence, what records to keep, and when to seek legal advice.
How Social Media Evidence Works in CTP Claims
Under NSW law, social media posts may be used as evidence if they support or contradict claims about injuries, accident circumstances, or recovery timelines. For example, a post describing pain or mobility issues after an accident could help establish the nature of injuries. However, SIRA’s guidelines emphasize that social media content must be relevant, reliable, and properly preserved to be considered.
The key is to ensure that the evidence is directly connected to the claim. A photo of a bruise or a video of a medical consultation may be admissible, but a generic post about feeling 'bad' without specific details is less likely to be useful. SIRA’s Making a Motor Accident Claim page states that all evidence must be 'material' to the claim, meaning it must directly relate to the accident, injuries, or financial impact.
What Records to Keep from Social Media
If you plan to use social media evidence, take these steps to preserve it properly:
- Download and save posts: Screenshots of posts, stories, or videos should be taken as soon as possible. Avoid editing or altering content.
- Note dates and times: Include the date and time stamps of posts to show when they were published.
- Document context: Explain how the post relates to your claim. For example, a post about difficulty walking after an accident should be linked to the incident.
- Avoid sharing evidence: Do not post about your injury on public platforms unless you’re prepared to provide it as evidence. Public posts may be harder to prove or may be misinterpreted.
SIRA’s Guidance on Digital Evidence
SIRA’s What You Can Claim page outlines that all evidence must be 'objective' and 'not speculative'. While social media is not a formal legal document, it can support claims if it aligns with medical records, accident reports, or other official evidence. For instance, a post showing a visible injury could corroborate a doctor’s diagnosis.
However, SIRA also warns that social media content may be challenged for reliability. A post with no location or time details, or one that appears to be a general statement, may not be sufficient on its own. It’s important to remember that social media evidence is just one part of a broader case and should not be relied on as the sole basis for a claim.
Time Limits and When to Seek Advice
CTP claims in NSW have strict time limits. You must notify the at-fault driver’s insurer within 52 weeks of the accident, and claims must be submitted within 52 weeks of the injury being confirmed. If social media evidence is critical to your case, delays in preserving or submitting it could reduce its usefulness.
If you’re unsure whether your social media content qualifies as evidence, or if you need help organizing records, seek advice from a legal professional. While SIRA provides resources, only a qualified solicitor can assess how your specific evidence fits within the legal framework.
Next Steps
Social media can be a valuable tool in CTP claims, but it requires careful handling. By preserving evidence properly and understanding its relevance, you can strengthen your case. If you’re in Ballina and need help with a motor accident claim, contact a legal professional to discuss your options.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.