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 NSW CTP motor accident claims, but SIRA (State Insurance Regulatory Authority) has specific rules about how they are treated as evidence. This article explains how SIRA evaluates social media content, the legal boundaries for its use, and practical steps for claimants in Bathurst. Understanding these rules is essential for managing claims effectively.
How SIRA Treats Social Media Evidence
SIRA considers social media content as part of the evidence in CTP claims, but it is not automatically accepted as proof. Under the Motor Accident Injuries Act 2017, all evidence must be relevant, credible, and properly authenticated. For example, a Facebook post claiming pain or recovery may be used to support a claim, but SIRA will assess its reliability and whether it aligns with medical records.
SIRA’s guidelines state that social media evidence must be:
- Directly related to the injury or recovery (e.g., photos of visible injuries, posts about mobility issues)
- Supported by other evidence (such as medical reports or accident records)
- Free from bias or exaggeration (posts that appear to seek attention or make unfounded claims may be discounted)
Claimants should avoid posting unverified opinions or medical conclusions on social media, as this could weaken their case.
Practical Steps for Managing Social Media Evidence
If you’re in Bathurst and involved in a CTP claim, take these steps to handle social media content:
- Review your posts: Remove or edit any content that could be misinterpreted as claiming injuries or exaggerating recovery.
- Document your claims: If you post about your injury, keep copies of the posts and note the dates.
- Consult SIRA guidelines: Visit SIRA’s motor accident claims page for detailed rules on evidence.
- Work with your insurer: Inform your insurer about any social media activity that might affect your claim.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident if they involve only threshold injuries (per s 4.4 of the Motor Accident Injuries Act 2017). If your claim includes long-term impairments, you may have longer time limits, but SIRA will assess whether your evidence supports the injury’s severity.
If you dispute SIRA’s handling of your social media evidence, you can request a review through the NSW Civil and Administrative Tribunal (NCAT). Always seek legal advice before disputing a decision.
Example Scenario
Consider a claimant in Bathurst who posted a photo of a bruised knee on Instagram three weeks after an accident. SIRA might accept this as evidence of a soft-tissue injury, provided it matches medical records. However, if the post also claims the injury caused a ‘complete recovery’ without medical support, SIRA may question its credibility.
When to Seek Advice
Social media evidence can be complex. If your claim involves posts that might affect your compensation, consult a solicitor or SIRA directly. General information cannot determine whether your claim meets the legal criteria for CTP benefits.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.