Social media posts and photos can influence motor accident compensation claims in New South Wales. Under the Motor Accident Injuries Act 2017, insurers and claimants must consider how digital content may affect a claim. This article explains how social media evidence is treated in CTP claims, practical steps for injured people in Newcastle and Hunter, and when to seek legal advice.
How Social Media Posts Are Treated as Evidence
Social media content may be used as evidence in CTP claims if it relates to the injury, recovery, or circumstances of the accident. For example, a post showing physical activity could challenge a claimant’s assertion of limited mobility. Under SIRA guidelines, insurers may request access to social media accounts to verify the authenticity of a claim.
The New South Wales Civil and Administrative Tribunal (NCAT) and courts have ruled that social media posts are admissible as evidence if they are relevant to the claim. However, the admissibility depends on factors such as the post’s relevance, the claimant’s intent, and whether the content was shared publicly. Private messages or posts with restricted access may not be considered unless the claimant has explicitly shared them.
Practical Steps for Injured People
Injured people should take the following steps to manage social media content during recovery:
- Avoid posting photos or videos that could be interpreted as contradicting injury claims (e.g., exercising, smiling, or engaging in physical activity).
- Keep a record of all social media activity related to the accident, including dates, times, and content.
- Be cautious about sharing personal opinions or statements about the accident, as they may be used as evidence.
- Consult a solicitor before deleting or altering any social media posts.
SIRA guidelines emphasize that claimants must disclose all relevant social media activity. Failing to do so could lead to disputes over the validity of a claim. For example, if a claimant posts a photo of themselves walking shortly after an accident, it may be used to challenge the severity of their injuries.
Time Limits and Dispute Options
CTP claims must be submitted within specific time limits. For injuries classified as 'threshold injuries' under the Motor Accident Guidelines, weekly benefits are generally limited to 52 weeks. Social media evidence may influence whether a claimant qualifies for long-term benefits.
If a claimant believes their social media content is being misused or that their rights are being violated, they can:
- Request a review from SIRA.
- Lodge a complaint with the NSW Ombudsman.
- Seek legal advice to challenge the use of social media evidence.
Example Scenario
Consider a claimant who posted a photo of themselves hiking shortly after a car accident. The insurer argues the post contradicts the claimant’s assertion of limited mobility. Under SIRA guidelines, the court would assess whether the post was relevant, whether it was shared publicly, and whether it was taken during recovery. If the post is deemed misleading, it could affect the claimant’s entitlement to benefits.
When to Seek Advice
Injured people in Newcastle and Hunter should seek legal advice if:
- Their social media content is being used to dispute the validity of their claim.
- They are unsure whether their posts could affect their compensation.
- They need help navigating the CTP claims process.
Legal professionals can help injured people understand their rights, challenge the use of social media evidence, and ensure their claims are processed fairly.
Next Steps
CTP claims depend on the specific facts of each case. To request contact about your circumstances, complete the quick, no obligation enquiry form.