Motor vehicle accidents involving aquaplaning in wet weather are common on NSW roads, particularly on major motorways in Greater Sydney such as the M4, M5 and M2. These incidents often result in injuries that affect a person’s ability to return to daily activities, including work, household tasks and social participation. Under the Motor Accident Injuries Act 2017 (MAIA), individuals injured in such accidents may be eligible for CTP compensation, but entitlements depend on the nature of the injury, the circumstances of the accident, and the timing of claim lodgement.
The legal framework for CTP claims in NSW is governed by the MAIA and administered by the State Insurance Regulatory Authority (SIRA). Unlike older legislation, the MAIA does not require proof of fault to access certain benefits, including treatment and care, weekly income payments, and a range of damages. However, the availability of damages, particularly for non-economic loss such as pain and suffering, depends on whether the injury meets the threshold for serious injury as defined in the Act.
In aquaplaning accidents, the sudden loss of vehicle control due to water accumulation on the road surface may result in high-impact collisions, even if the driver was not negligent. These accidents often involve rapid deceleration, impact with fixed objects, or collisions with other vehicles. The resulting injuries may include soft tissue injuries to the neck and back, whiplash, or more severe trauma. The presence of neurological signs such as altered reflexes, sensory changes, or muscle weakness may indicate a spinal nerve-root injury, which under the Motor Accident Guidelines may still qualify as a threshold injury even if radiculopathy is not present.
A key consideration in CTP claims following aquaplaning incidents is the assessment of whether injuries are permanent or likely to resolve within a reasonable timeframe. If a person’s only injuries are deemed threshold injuries under the MAIA, weekly benefits and treatment and care benefits are generally limited to 52 weeks from the date of the accident. This 52-week limit applies regardless of whether the injury is caused by a high-speed aquaplaning event, and does not extend automatically even if recovery is delayed. The 52-week period begins on the date the accident occurred, and any claim for benefits must be made within that timeframe.
Returning to daily activities after an aquaplaning accident often involves a gradual process of physical and psychological recovery. Many claimants report difficulty resuming work, managing household responsibilities, or participating in social life due to ongoing pain, fatigue, or reduced mobility. Medical evidence is critical in establishing the impact of injuries on daily functioning. This includes reports from treating medical practitioners, assessments of whole person impairment (WPI), and documentation of any ongoing treatment or rehabilitation.
Practical steps that may affect a claim include:
- Seeking medical attention as soon as possible after the accident, even if symptoms are delayed.
- Preserving evidence such as photographs of the accident scene, weather conditions, road surface, and vehicle damage.
- Notifying the CTP insurer within a reasonable time, ideally within 28 days of the accident, to avoid delays in processing.
- Keeping a daily journal of symptoms, pain levels, and functional limitations to support claims for non-economic loss.
- Retaining copies of all correspondence with insurers, medical practitioners, and employers.
A common challenge in Greater Sydney is the high volume of traffic and frequent rainfall, which increases the risk of aquaplaning on roads with poor drainage or worn surfaces. While road conditions may be a factor in some cases, the CTP scheme does not assess road maintenance as a basis for claim eligibility. The focus remains on the injury sustained and its impact on the claimant’s life.
In a hypothetical example, a 38-year-old office worker was involved in a motorway accident on the M4 in Sydney during a heavy rainstorm. The vehicle aquaplaned and collided with a barrier, resulting in neck and back pain. Despite no visible external injuries, medical imaging revealed a spinal nerve-root injury with reduced reflexes. The claimant was unable to return to work for 14 weeks and required physiotherapy and pain management. As the injury met the threshold criteria under the Motor Accident Guidelines, the claimant was eligible for damages and treatment benefits under the MAIA.
If a claim is disputed, such as a denial of damages on the grounds that injuries are not serious or that the 52-week limit has been exceeded, there are formal review and dispute resolution options available through SIRA. These may include internal review, mediation, or application to the Civil and Administrative Tribunal (NCAT) for determination.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.