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 posts and photos can be used as evidence in New South Wales Compulsory Third Party (CTP) motor accident claims, but their admissibility depends on legal standards and relevance. This article explains how SIRA evaluates social media content in Central Coast claims, outlines practical considerations for claimants and insurers, and highlights key legal principles.
How Social Media Evidence is Treated in CTP Claims
- Under NSW CTP rules, social media content is treated as any other evidence. SIRA’s guidelines state that posts or photos may be used to support or challenge a claim if they are
- relevant* and
- reliable*. For example, a claimant sharing a photo of a bruised knee shortly after an accident could support a soft-tissue injury claim. However, SIRA requires that the evidence is
- authentic* and
- not misleading*.
Social media posts are not automatically admissible. Insurers may challenge their credibility by questioning the post’s authenticity, context, or timing. For instance, a claimant’s Facebook post about ‘feeling fine’ after an accident could contradict medical records, affecting the claim’s outcome.
Practical Considerations for Central Coast Claims
Claimants should preserve social media evidence by taking screenshots or saving posts. However, SIRA warns that posts must be contextualized, isolated images or text may be misinterpreted. For example, a photo of a car’s damaged bumper without context (like the accident scene) might not prove fault.
Insurers on the Central Coast often request social media evidence to assess threshold injuries (soft-tissue injuries under the Motor Accident Injuries Act 2017). A claimant’s post about ‘back pain’ could support a threshold injury claim, but SIRA requires medical confirmation to avoid overcompensation.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident if the injury is a threshold injury. Social media evidence must align with this timeline. If a claimant shares a post after this period, it may not be admissible for benefits.
Disputes over social media content often require legal review. For example, if an insurer argues a post contradicts medical records, a solicitor can help clarify the evidence’s relevance. SIRA advises claimants to seek legal advice if social media content is central to their claim.
Hypothetical Example: Central Coast Scenario
Imagine a Central Coast claimant who posted a photo of their car’s damaged front bumper and a comment like ‘Crushed my car today!’ The insurer might use this to argue fault. However, if the claimant also shared a medical report confirming a neck injury, SIRA would consider both pieces of evidence together.
Next Steps
CTP claims depend on the facts of the case. Social media evidence can support or challenge a claim, but its weight depends on authenticity, relevance, and alignment with medical records. To discuss your circumstances, complete the quick, no obligation enquiry form.