Social Media Evidence in NSW CTP Claims
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).
In New South Wales, the Personal Injury Commission (PIC) evaluates social media posts and photos as potential evidence in Compulsory Third Party (CTP) motor accident claims. While social media can support a claim by showing injuries, recovery timelines, or lifestyle changes, the PIC applies strict standards to determine admissibility and relevance. This article explains how the PIC assesses social media evidence, what claimants should prepare, and when disputes may arise.
Legal Framework for Social Media Evidence
The PIC follows the Motor Accident Injuries Act 2017 and SIRA guidelines when assessing evidence. Social media content is treated as a form of evidence of injury under Section 3.11 of the Act, which requires proof of a threshold injury or permanent impairment. Posts must directly relate to the claimant’s condition, such as:
- Photos of visible injuries (e.g., bruises, broken bones)
- Posts describing pain, mobility issues, or emotional distress
- Evidence of lifestyle changes (e.g., reduced activity, reliance on others)
- The PIC will consider whether the post is
- authentic*,
- timely*, and
- relevant* to the claim. For example, a claimant’s Instagram post showing a broken arm shortly after an accident may support a soft-tissue injury claim, but a vague caption like 'feeling sore' without medical corroboration may not be sufficient.
Practical Steps for Claimants
To meet the PIC’s expectations, claimants should:
- Preserve social media accounts and posts related to the injury
- Provide context for posts (e.g., dates, captions, comments)
- Share content with a solicitor or claims officer before posting publicly
- Avoid posting unverified claims about the accident or insurance process
For instance, a claimant who posts a photo of a swollen knee with the caption 'still in pain from the crash' should also provide medical records confirming the injury. This helps the PIC connect the social media evidence to the claim.
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 a PIC decision, they can request a review through the Internal Review Process outlined in the Act. This process allows claimants to challenge decisions about:
- Whether social media evidence was properly considered
- Whether the injury meets the threshold for benefits
- Whether the claimant’s recovery timeline is accurate
However, the PIC does not guarantee a changed decision. Reviewers will reassess the evidence based on the same standards as the original decision.
When to Seek Legal Advice
Social media evidence can be powerful but is often contested. If the PIC disputes the relevance or authenticity of posts, claimants may need to:
- Obtain expert medical opinions to support claims
- Challenge the PIC’s interpretation of evidence
- Explore mediation or formal review options
- Legal advice is particularly useful when disputes involve complex issues like
- contributory fault* or
- threshold injury* assessments. A solicitor can help ensure social media evidence is presented effectively within the PIC’s framework.
Conclusion
Social media evidence can support or challenge a CTP claim, but the PIC requires clear, relevant, and authentic content. Claimants should prepare evidence carefully and seek legal guidance if disputes arise. Time limits and procedural rules mean acting promptly is essential. For personalized advice on your circumstances, complete the quick, no obligation enquiry form.