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 significantly affect an injured person's ability to return to daily activities. Under New South Wales' Compulsory Third Party (CTP) scheme, claims for daily activity recovery depend on medical evidence and SIRA's assessment of injury severity. This article explains how wet weather-related aquaplaning incidents are evaluated in regional NSW claims, the factors influencing recovery timelines, and practical steps to support your CTP claim.
How SIRA Assesses Daily Activity Recovery After Aquaplaning Accidents
The State Insurance Regulatory Authority (SIRA) oversees CTP claims under the Motor Accident Injuries Act 2017. When assessing daily activity recovery, SIRA considers whether the injury meets the 'threshold injury' definition in the Motor Accident Guidelines. For aquaplaning accidents, this involves evaluating neurological signs, functional limitations, and medical records to determine if the injury qualifies for weekly benefits or treatment payments.
Key factors include:
- Medical evidence of mobility restrictions or pain limiting daily tasks
- Documentation of pre-accident activity levels
- SIRA's assessment of whether the injury is 'threshold' under the guidelines
For example, if a cyclist aquaplaned into a barrier and now struggles with balance or coordination, SIRA may evaluate whether this impacts their ability to perform routine activities like shopping or cooking.
Practical Steps for Regional NSW Claims
Regional NSW claims may face unique challenges, such as limited access to specialist medical facilities or longer processing times. To support your claim:
- Document daily activity limitations: Keep a journal of tasks you can no longer perform due to injury.
- Preserve accident evidence: Photograph wet road conditions, skid marks, or vehicle damage.
- Obtain medical records: Ensure your treating practitioner notes how the injury affects your mobility.
- Notify your insurer: Contact the at-fault driver's CTP insurer within 52 weeks of the accident to avoid missing weekly benefit claims.
SIRA requires evidence that the injury directly resulted from the aquaplaning incident. For instance, if a driver lost control on a wet road and sustained a soft-tissue injury, medical records must link the injury to the accident.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for weekly benefits. If your injury is classified as a 'threshold injury' (e.g., a minor sprain with no long-term impact), benefits may stop after 52 weeks under the Motor Accident Injuries Act 2017 s 4.4. However, if the injury results in permanent limitations, you may qualify for long-term payments.
Disputes over daily activity recovery can be resolved through SIRA's review process. If your claim is denied, you may request a review or seek independent medical advice to challenge the assessment.
When to Seek Legal Advice
Regional NSW claims may require additional steps to ensure compliance with CTP rules. A legal professional can help:
- Navigate SIRA's specific requirements for wet weather incidents
- Challenge incorrect classifications of injuries
- Ensure all evidence is properly submitted within time limits
If your recovery is delayed due to regional healthcare access or complex insurance processes, legal advice can help you understand your options under the CTP scheme.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.