Social media posts and photos can play a key role in NSW Compulsory Third Party (CTP) motor accident claims. Under the Motor Accident Injuries Act 2017, claimants must retain all evidence that supports their injury and recovery. This includes digital records from social media platforms. Proper preservation of this evidence is critical to ensure it can be used to assess your claim.
Types of Social Media Evidence That Matter
Social media content can be used to establish the timeline of your injury, recovery progress, and the impact of the accident. Relevant evidence includes:
- Posts showing your condition before and after the accident
- Photos or videos of injuries or mobility issues
- Comments or messages discussing your recovery
- Evidence of online activity that contradicts claims of being 'fine' after the incident
For example, a claimant who posted a photo of a broken arm shortly after a collision could provide direct evidence of injury.
How to Preserve Digital Evidence
To ensure social media evidence remains admissible:
- Take screenshots of relevant posts and save them with the date and time
- Note the URL of the post and the platform it was posted on
- Avoid deleting or altering content
- Keep devices with active social media accounts secure
SIRA guidelines emphasize that all evidence must be retained until the claim is resolved. Deleting content could jeopardize your ability to prove your case.
SIRA's Requirements for Evidence Retention
While SIRA does not specifically address social media in its guidelines, its general requirements for evidence retention apply. Claimants must:
- Provide all available evidence to the insurer
- Cooperate with medical assessments and documentation
- Avoid making public statements that contradict medical records
SIRA's 'What you can claim' page confirms that evidence of injury and recovery is essential for determining compensation.
How Social Media Impacts Liability Assessments
Insurers may use social media to challenge claims. For instance, a post showing a claimant engaging in physical activity shortly after an accident could suggest the injury was not as severe. Conversely, posts showing limited mobility or pain can support your claim.
It's important to note that SIRA assesses all evidence objectively. A claimant who posts about their recovery timeline must ensure their statements align with medical records.
When to Seek Legal Advice
If you're unsure how to handle social media evidence, or if your posts could affect your claim, contact a legal professional. While SIRA provides general guidance, individual circumstances can affect how evidence is interpreted.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.