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 influence motor accident claims in New South Wales, particularly when preparing for medical assessments. Under the Motor Accident Injuries Act 2017 (MAIA), insurers and claimants must consider how online activity may affect compensation decisions. This article explains how social media evidence is treated, practical steps to prepare for medical assessments, and key considerations for claimants.
How Social Media Evidence Impacts CTP Claims
Social media posts, photos, or videos may be used as evidence in CTP claims to assess injury severity, recovery progress, or potential exaggeration of harm. For example, a claimant sharing a photo of a bruise or a post about daily activities could be scrutinized to determine if their reported injuries align with medical records. Under the MAIA, insurers have the right to request such evidence as part of the claims process, but they must do so within the bounds of the law.
The NSW Civil and Administrative Tribunal (NCAT) has ruled that social media content is admissible as evidence if it is relevant to the claim. However, claimants must be cautious about what they post online. For instance, a claimant who shares a video of themselves exercising shortly after an accident may inadvertently challenge their claim for soft-tissue injuries, which are defined under the Motor Accident Guidelines as injuries requiring medical attention but not necessarily hospitalization.
Preparing for Medical Assessments
Medical assessments are a critical part of determining compensation under the CTP scheme. Claimants should prepare by gathering and organizing the following evidence:
- Medical records: Ensure all treatment records, imaging reports, and specialist opinions are available. These documents help establish the nature and extent of injuries.
- Accident reports: Obtain a detailed report from the police or relevant authority, including witness statements and vehicle details.
- Income records: Provide proof of lost wages or reduced earning capacity, as weekly income payments under the MAIA depend on this.
- Social media activity: Review your online presence for any posts that could be interpreted as contradicting your claim. For example, a claimant who posts about returning to work before their medical release date may need to explain the discrepancy.
Claimants should also be aware that their medical team may be asked to comment on social media activity during assessments. It is advisable to consult with a solicitor before sharing any online content related to the injury.
Time Limits and Dispute Resolution
CTP claims in NSW have strict time limits. Most claims must be submitted within 6 months of the accident, although exceptions exist for claims involving long-term injuries or disputes. If a claim is not submitted on time, it may be rejected, even if the injury is valid.
If a claimant disputes an insurer’s decision to deny or reduce benefits, they can apply to NCAT for a review. The tribunal will consider evidence, including social media posts, to determine if the claimant has met the threshold injury criteria under the MAIA. For example, a claimant with a soft-tissue injury who has not reached the whole person impairment threshold may lose access to certain benefits after 52 weeks, as outlined in s 4.4 of the MAIA.
When to Seek Legal Advice
Claimants should seek legal advice if they are unsure how to handle social media evidence, face disputes over their injuries, or need assistance with medical assessments.
Final Steps
Preparing for medical assessments and managing social media evidence requires careful planning. By understanding the legal framework and gathering the right evidence, claimants can strengthen their CTP claim. If you need guidance on your specific circumstances, complete the quick, no obligation enquiry form to request contact about your case.