How SIRA Handles Aquaplaning Accidents in NSW
When a motor vehicle loses traction on a wet road due to aquaplaning, the claim is governed by the Motor Accident Injuries Act 2017 (MAIA). Under the MAIA, a 'threshold injury' includes soft tissue injuries and certain psychological injuries, such as adjustment disorder or acute stress disorder (s 1.6). SIRA assesses claims to determine if the injury meets these criteria and whether benefits are payable.
Aquaplaning accidents in Greater Sydney are treated like any other CTP claim. The insurer must assess whether the injury arose from the accident, not pre-existing conditions or unrelated events. Medical evidence, including clinical notes and imaging reports, is critical to establish the injury's nature and extent.
Dispute Resolution Options for CTP Claims
If a claimant disputes the insurer's decision, they can request an internal review within 28 days. If unresolved, the claim may be referred to the Personal Injury Commission (PIC) for a medical review. The PIC evaluates whether the insurer’s decision was reasonable based on the evidence.
The PIC process allows claimants to submit additional medical reports and expert opinions. A decision from the PIC is binding unless the claimant appeals to the NSW Civil and Administrative Tribunal (NCAT) on a point of law.
Evidence That Matters in Aquaplaning Claims
To support a CTP claim after an aquaplaning accident, gather:
- Medical records showing injury progression
- Diagnostic imaging reports
- Statements from treating medical practitioners
- Photographs of the accident scene and road conditions
- Witness statements and police reports
- Evidence of lost income or reduced work capacity
In wet weather incidents, weather reports and vehicle maintenance records may help establish the accident's context. However, the insurer is not required to prove fault, only that the injury arose from the accident.
Time Limits and When to Seek Advice
There is no fixed time limit for making a CTP claim in NSW, but delays may affect evidence availability. Notify the insurer promptly after the accident. If a dispute arises, the internal review must be requested within 28 days of the insurer’s decision. The PIC process must be initiated within 12 months of the insurer’s decision.
Seek advice if:
- The insurer denies benefits without clear reasoning
- The medical assessment is disputed
- Weekly payments are reduced or stopped prematurely
- The insurer refuses to fund necessary treatment
Key Legal Provisions for Threshold Injuries
Where only threshold injuries result from the accident, weekly benefits and treatment and care benefits generally cease after 52 weeks (s 3.11 and 3.28). This applies unless the claimant can demonstrate a continuing need for treatment or worsening condition. A spinal nerve-root injury with neurological signs other than radiculopathy may still meet the threshold definition, but radiculopathy requires specific clinical findings under the Motor Accident Guidelines.
Next Steps: Contact About Your Circumstances
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.