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 determining liability for NSW Compulsory Third Party (CTP) motor accident claims. Insurers assess such evidence based on its relevance, reliability, and alignment with SIRA guidelines. This article explains how insurers evaluate social media content, the legal boundaries involved, and practical steps for claimants on the Central Coast.
How CTP Insurers Use Social Media Evidence
NSW CTP insurers consider social media content as part of the broader evidence to assess fault. This includes photos, videos, and posts from the claimant, witnesses, or others. For example, a claimant’s Instagram photo showing vehicle damage or a video of the accident scene may be reviewed. However, insurers must ensure the evidence is directly relevant to the incident and not misleading.
Legal Boundaries for Social Media Use
SIRA guidelines state that social media evidence must be admissible under the Motor Accident Injuries Act 2017. Insurers cannot use content that is private, defamatory, or unrelated to the claim. For instance, a claimant’s personal social media activity unrelated to the accident would not be considered. Insurers must also ensure the evidence does not breach privacy laws.
Practical Steps for Claimants
If social media evidence is involved, claimants should:
- Preserve relevant posts by screenshotting or downloading them.
- Note the date and time of the post.
- Avoid sharing additional content that could be misinterpreted.
Insurers may request access to social media accounts to verify the authenticity of the evidence. Claimants should cooperate but ensure their content does not inadvertently support the insurer’s case.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident under the Motor Accident Injuries Act 2017. If a claimant disputes the insurer’s assessment of social media evidence, they may need to escalate the matter through SIRA’s dispute resolution process. This involves submitting a formal objection and providing additional evidence.
Central Coast Legal Framework
The Central Coast follows the same NSW CTP legal framework as other regions. Insurers apply the same standards when evaluating social media evidence, regardless of the accident location. Claimants should contact local CTP insurers directly for specific inquiries.
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