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).
Aquaplaning accidents during wet weather can lead to serious injuries, and families in Bathurst must understand how New South Wales' Compulsory Third Party (CTP) scheme covers care costs and lost income. This guide explains how CTP insurers assess claims, what family-related expenses are covered, and steps to take after an aquaplaning accident.
How NSW CTP Insurers Assess Aquaplaning Claims
CTP insurers evaluate claims based on the accident's circumstances and injury severity. Wet weather aquaplaning accidents are treated like any other motor accident, with the focus on whether the injury meets the 'threshold injury' criteria under the Motor Accident Injuries Act 2017. SIRA guidelines state that injuries must result from the accident and meet specific clinical signs, such as spinal nerve-root damage or radiculopathy, to qualify for benefits.
Insurers also consider the accident location and vehicle use. For example, an aquaplaning incident on a motorway may involve different risk factors compared to a car park, but the legal assessment hinges on the injury's direct link to the accident. SIRA advises claimants to document weather conditions, road surface quality, and vehicle details to support their case.
Caregiver and Family-Related Costs Covered in CTP Claims
Under NSW CTP rules, families can claim for care-related expenses if the injured person requires assistance. This includes:
- Weekly income payments for the injured person's lost earnings.
- Treatment and care benefits to cover medical costs, home modifications, or therapy.
- Caregiver income support if a family member must reduce work hours or leave employment to provide care.
SIRA's 'What you can claim' page confirms that families may also seek compensation for out-of-pocket expenses like transportation to medical appointments or temporary accommodation if the injured person cannot live at home. However, claims must demonstrate a direct connection between the accident and the caregiving needs.
Practical Steps After an Aquaplaning Accident
- Seek immediate medical attention to document injuries, as delayed treatment may affect CTP eligibility.
- Preserve accident evidence: Photograph the scene, collect weather reports, and note road conditions.
- Notify your insurer within 28 days of the accident, as NSW CTP claims have strict time limits.
- Keep records of caregiving impact: Track hours spent on care, lost wages, and any medical advice about the need for assistance.
Time Limits and Dispute Resolution
CTP claims must be submitted within 28 days of the accident, though extensions may apply for complex cases. If an insurer disputes a claim, families can request a review through SIRA's mediation process. The Motor Accident Injuries Act 2017 outlines that claims for 'threshold injuries' (such as soft-tissue damage) are generally limited to 52 weeks of benefits, after which the injured person must transition to other support mechanisms.
When to Seek Legal Advice
Families should consult a legal professional if:
- The injured person's condition worsens after the initial 52-week period.
- Caregiver income support is denied despite medical evidence.
- The accident involved multiple vehicles or unclear fault.
Legal advice can also help navigate disputes over the 'whole person impairment' assessment, which determines long-term benefits. SIRA provides templates for claim forms, but complex cases often require tailored guidance.
Example Scenario
A family in Bathurst experienced an aquaplaning accident during a heavy downpour. The injured passenger required 24-hour care, forcing the primary caregiver to take unpaid leave. SIRA approved weekly income payments for the injured person and caregiver income support for the family member. However, the claimant later faced a dispute over the 52-week limit for soft-tissue injuries, prompting a legal review to reassess long-term care needs.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. Families in Bathurst should act quickly to document their circumstances and seek support. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.