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ARTICLE · 25 APRIL 2025

Were you even there? Let's check the geolocation data on your phone, shall we?

McCabes
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A claimant can be compelled to provide information that enables an Insurer to obtain digital evidence, such as geolocation data.

AustraliaLitigation, Mediation & Arbitration
Peter Hunt
Peter Hunt
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In Brief

  • Section 6.24 of the Motor Accident Injuries Act 2017 (MAIA) obligates a Claimant to co-operate with the CTP Insurer by providing information about their claim to enable the Insurer to verify the validity of the claim and assess quantum.
  • The Claimant's obligation to co-operate may extend to providing their mobile phone service provider where geolocation data may be relevant to the facts in issue.

Facts

The Personal Injury Commission (PIC) published its decision in AAI Limited t/as GIO v CON [2025] NSWPICMR 6 on 17 April 2024.

The Claimant alleged the accident caused him various injuries.

The Insurer denied liability for the claim as multiple inconsistencies were identified, including the reported mechanism of injury and the timing of the accident, suggesting the injury arose from circumstances unrelated to a motor vehicle accident.

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