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) claims, but SIRA (State Insurance Regulatory Authority) has specific rules about how they are treated. This article explains how SIRA assesses the admissibility and weight of social media content in motor accident disputes, focusing on what claimants and insurers need to know.
How SIRA Treats Social Media Evidence
Under NSW law, social media content is considered admissible evidence if it is relevant to the claim and meets legal standards. SIRA’s guidelines state that digital proof must be authentic, directly related to the injury or accident, and not misleading. For example, a claimant’s post showing visible injuries or recovery progress may support their claim, but SIRA will assess its credibility and relevance.
SIRA also considers whether the content could influence the claim’s outcome. Posts that appear to contradict medical evidence or exaggerate injuries may be scrutinized. Insurers must ensure social media evidence is evaluated alongside other documentation, such as medical records and accident reports, to determine its impact on the claim.
Practical Steps for Claimants and Insurers
When social media evidence is involved, both claimants and insurers should:
- Preserve the content (e.g., screenshots, dates, and context)
- Explain how the evidence supports or challenges the claim
- Cooperate with SIRA’s assessment process
Claimants should be aware that while social media can strengthen their case, it may also be used to question the authenticity of their injuries. For instance, a claimant who posts frequent updates about recovery might face scrutiny if their medical records show slower progress.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident if the injury is a 'threshold injury' (as defined by SIRA). Social media evidence may affect this timeline if it suggests the injury was not immediately apparent. Disputes over evidence are resolved through SIRA’s review process, which considers the evidence’s reliability and relevance.
If you’re unsure how social media evidence applies to your case, seek advice from a legal professional. SIRA’s rules are complex, and the outcome depends on the specific facts of each claim.
When to Seek Legal Advice
Social media evidence can significantly influence the outcome of a CTP claim. If you’re unsure how to handle digital proof or need guidance on whether your claim meets SIRA’s standards, it’s important to consult a legal professional. Every claim depends on its own facts, and the rules around digital evidence can be nuanced.
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