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).
Social media posts and photos can be used as evidence in NSW Compulsory Third Party (CTP) motor accident claims, but their admissibility and relevance depend on how they align with SIRA's guidelines. SIRA, the NSW authority overseeing CTP claims, considers all evidence, including digital content, but does not provide specific rules on social media in its published materials. This article explains how SIRA evaluates evidence in general and outlines practical considerations for claimants and insurers.
How SIRA Treats Social Media Evidence
SIRA's guidelines emphasize that evidence must be 'relevant, reliable, and credible' to support a claim. While social media content may be considered, it is subject to the same scrutiny as other evidence. For example, a post showing visible injuries or a photo of damaged property could be used to corroborate a claim. However, SIRA does not explicitly address whether social media content is admissible in its published resources.
Practical Steps for Claimants and Insurers
When social media evidence is involved, both parties should:
- Preserve the content (e.g., screenshot or download the post)
- Note the date, time, and context of the post
- Explain how the content supports or contradicts the claim
SIRA's website states that claims must be supported by 'evidence that shows the injury or damage occurred as claimed' (SIRA, What you can claim). Social media may be one such piece of evidence, but it must be evaluated alongside other records like medical reports and accident statements.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury' (per Motor Accident Injuries Act 2017 s 4.4). Social media evidence may be relevant during this period but cannot extend the deadline. If a claim is disputed, SIRA may request additional documentation or refer the matter to a review panel.
When to Seek Legal Advice
Claimants should consult a solicitor if social media evidence is central to their case, especially if the content is ambiguous or could be misinterpreted. Insurers should also seek legal guidance to ensure social media evidence is handled in compliance with NSW law.
Example Scenario
A pedestrian claims they were hit by a car, citing a social media post showing bruising. SIRA would assess the post's relevance, but might require corroborating evidence like a medical report. If the post is taken out of context, its value as evidence could be limited.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.