Social media posts do not stay on social media.
In a Queensland personal injury claim, the evidence that matters is not confined to medical records and witness statements. Photographs, check-ins, captions, and even likes on social media platforms are discoverable, and insurers and defendants have become systematic about looking for them. A post that seemed trivial at the time, a holiday photo, a comment about feeling better, a friend’s tag at a social event, can become a central exhibit in a damages dispute.
This is not speculative. The Uniform Civil Procedure Rules 1999 (Qld) require disclosure of all documents relevant to the issues in dispute. A court can order production of social media content, including private posts and direct messages, if they are relevant to the matters in question. Defendants in motor accident claims under the Motor Accident Insurance Act 1994 (Qld) and work injury claims under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) also have the right to conduct surveillance of claimants. Social media is, in practice, a form of self-generated surveillance that never stops running.
How social media evidence is actually used against claimants.
The most common use is direct contradiction of a damages claim. A claimant who tells their treating doctor, their solicitor, and eventually a court that they cannot walk for more than fifteen minutes without pain faces a significant credibility problem if their Instagram account shows them completing a charity fun run six months after the accident. The post does not have to be recent. Defence lawyers will search back through years of content looking for material that is inconsistent with the claimed limitations.
The problem is not always photographs of physical activity. A claimant alleging severe psychological injury and social withdrawal who is visibly active on social media, attending events, posting enthusiastically, and maintaining an apparently normal social life, creates a factual tension that a defendant will exploit. The claimant may have a genuine explanation. But the explanation has to be given, under cross-examination, in circumstances where the credibility question has already been raised.
A third category is statements about the incident itself. A claimant who posts about the accident, comments on liability, or describes their injuries in a way that is inconsistent with the formal claim creates material that can be used to test their account. Even expressions of frustration or anger directed at the other party can complicate settlement negotiations or be deployed in cross-examination.
What defendants and insurers are entitled to do.
Defendants in personal injury proceedings are entitled to use lawfully obtained information to test a claim. That includes publicly visible social media content, which requires no court order to access. It also includes private content, which can be the subject of a discovery order if a court is satisfied it is relevant.
Insurers and defendants also retain the right to conduct physical surveillance of claimants. A private investigator engaged to observe a claimant’s daily activities and film them is a legitimate investigative tool. Social media does not replace surveillance; it supplements it. The combination of footage showing activity inconsistent with claimed limitations, alongside social media posts that corroborate that activity, is a powerful combination in the hands of a defendant at trial or in settlement negotiations.
Deleting content after a claim is made is not a neutral act. Destruction of potentially relevant documents after litigation is commenced or reasonably anticipated can constitute a breach of discovery obligations, and a court can draw adverse inferences from it. The correct approach, if concerning content exists, is to take advice on what obligations apply, not to quietly remove it.
Practical steps that protect a claim.
The following steps are consistently recommended to claimants from the point at which a claim is made or seriously contemplated.
Set all accounts to private immediately. This does not prevent a court order for production, but it removes the category of publicly visible content that requires no legal process at all. Every major platform allows this in account settings. Do it across every platform, not just the one used most frequently.
Do not post about the incident, the injuries, or the claim. There is no safe way to discuss ongoing litigation on social media. A comment that seems measured and accurate at the time may be taken out of context, interpreted differently by a reader who is looking for inconsistency, or simply used to probe credibility at a later stage.
Do not accept friend or connection requests from people you do not know. Insurers and defendants have used the approach of sending connection requests to gain access to private content. If an unfamiliar account requests access to your social media during the period of a claim, decline it.
Tell family and friends not to tag you or post about the claim. A well-meaning post from a friend, congratulating you on an outing or commenting on your recovery, can create exactly the same evidentiary issues as your own posts. The control you exercise over your own accounts does not extend automatically to what others share about you.
Do not delete existing content without legal advice. If content already exists that concerns you, speak with your solicitor before removing anything. The question of whether that content is subject to disclosure obligations, and what the consequences of removal might be, requires advice specific to the stage your claim has reached.
For information about personal injury claims in Queensland more broadly, see the personal injury services page.
If you would like to discuss your matter, you can book a consultation or call (07) 5554 6116.
