Social media posts and photos can be used as evidence in NSW Compulsory Third Party (CTP) claims, but the Personal Injury Commission (PIC) has specific expectations for how such evidence is presented. This article explains how the NSW CTP scheme handles digital evidence, outlines the PIC’s requirements for claimants, and highlights how SIRA guidelines apply to social media content in disputes.
How the NSW CTP Scheme Treats Social Media Evidence
Under the Motor Accident Injuries Act 2017, the PIC evaluates all evidence to determine if a claimant meets the threshold for compensation. Social media posts may be considered as part of this process, but they must align with SIRA’s guidelines on credible evidence. For example, a claimant’s Instagram photo of an injury could support a soft-tissue claim, but the PIC will assess its relevance, timing, and authenticity. Posts that appear staged, lack context, or contradict medical records may be discounted.
The PIC expects social media evidence to be:
- Timely - Posted close to the accident date.
- Relevant - Directly connected to the injury or recovery.
- Unaltered - Not edited in a way that misrepresents the claimant’s condition.
What the PIC Expects in Disputes
When disputes arise, the PIC prioritizes evidence that meets the standards set out in SIRA’s Motor Accident Claims Guide. For instance, if a claimant argues their injury is more severe than documented, the PIC may request:
- Medical records showing treatment history.
- Witness statements corroborating the claim.
- Social media posts that reflect the claimant’s daily limitations (e.g., difficulty walking or using hands).
Claimants should avoid posting content that could be interpreted as exaggerating injuries. The PIC may also scrutinize posts that appear to contradict official medical assessments, such as a claimant claiming full recovery on social media while still receiving treatment.
Practical Steps for Claimants
To ensure social media evidence meets PIC standards, claimants should:
- Document injuries promptly - Share photos or videos immediately after the accident, ensuring they capture the full extent of the injury.
- Avoid speculative posts - Refrain from making claims about recovery timelines or severity unless medically confirmed.
- Maintain a consistent record - Post updates that reflect gradual recovery, not sudden improvements.
- Request a review of evidence - If the PIC disputes the relevance of social media content, seek clarification on what additional documentation is needed.
Time Limits and When to Seek Advice
The 52-week statutory limit for certain injuries means claimants must submit evidence within this timeframe. If a dispute arises after this period, the PIC may limit benefits unless the claimant can demonstrate exceptional circumstances. Claimants should consult a solicitor if:
- The PIC rejects social media evidence as non-compliant.
- There are disputes over the interpretation of digital content.
- The claimant needs to challenge a decision under the
- Motor Accident Injuries Act 2017*.
Example of PIC Scrutiny
A claimant who posted a video of themselves walking two weeks after a car accident may face questions if their medical records show limited mobility. The PIC would assess whether the video contradicts the claimant’s stated recovery progress, potentially affecting benefit eligibility.
Next Steps
CTP entitlements depend on the accident date, injury type, and evidence quality. To ensure your claim meets PIC standards, complete the quick, no obligation enquiry form to discuss your circumstances with a legal professional.