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 Compulsory Third Party (CTP) motor accident claims, but their admissibility depends on how SIRA interprets their relevance and reliability. SIRA, the NSW government body managing CTP claims, considers social media evidence as part of the broader assessment of a claimant’s injuries and circumstances. However, the use of online content is subject to strict rules to ensure it meets legal standards. This article explains what types of social media evidence SIRA accepts, how it evaluates online content, and the practical steps injured road users should take when using social media in their claims.
How SIRA Treats Social Media Evidence in CTP Claims
SIRA does not explicitly mention social media in its guidelines, but its general rules on evidence apply. For social media content to be considered, it must:
- Support a claimant’s injury or recovery timeline - For example, a photo showing visible bruising or a post describing ongoing pain.
- Be reliable and verifiable - SIRA may request the claimant to provide the original post, account details, or context to confirm authenticity.
- Be relevant to the claim - Posts about unrelated issues (e.g., a general complaint about stress) are unlikely to be accepted.
SIRA’s approach aligns with the Motor Accident Injuries Act 2017, which requires evidence to be ‘relevant and material’ to the claim. While social media is not explicitly listed in the Act, its general evidentiary standards apply.
Practical Steps for Using Social Media Evidence
If you plan to use social media content in your CTP claim, take these steps:
- Document the content - Save screenshots, copy post URLs, and note the date and time of the post.
- Provide context - Explain how the post relates to your injury, recovery, or daily life. For example, a post about difficulty sleeping could support a claim of insomnia.
- Avoid over-sharing - SIRA may disregard posts that appear to be staged or unrelated to your specific circumstances.
- a Request a review - If your insurer questions the evidence, ask SIRA to formally assess its relevance.
Keep in mind that social media alone cannot prove your injury. It must be combined with medical records, accident reports, and other evidence.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident (or 10 years for some injuries), but social media evidence must be submitted within the same time frame. If your insurer disputes the admissibility of your online content, you can request a review by SIRA. In such cases, it’s important to:
- Submit your evidence promptly - Delays may lead to it being dismissed.
- Seek legal advice - A solicitor can help challenge an insurer’s refusal to consider your social media evidence.
When to Seek Advice
Social media evidence can be powerful but is often scrutinized. If your insurer rejects your claim based on the reliability of your online content, consider consulting a legal professional. They can help you:
- Challenge the insurer’s assessment of your evidence.
- Navigate SIRA’s review process.
- Understand your options if your claim is disputed.
Example: How Social Media Evidence Might Be Used
Imagine a claimant who posted a photo of a bruised knee shortly after an accident. SIRA would assess whether the photo:
- Clearly shows the injury.
- Was posted within the 52-week time limit.
- Is not staged or manipulated.
- Supports the claimant’s account of the injury.
In this case, the post could be used to corroborate medical records, but it would not replace them.
Next Steps
CTP claims involving social media evidence require careful handling. While SIRA allows online content as part of the claim, its use is limited to situations where the evidence is reliable and directly relevant. If your insurer disputes your claim or questions your social media evidence, seek legal advice to ensure your rights are protected.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.