Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you were injured in an aquaplaning accident in Greater Sydney, documenting your injuries properly is critical to securing compensation under NSW's Compulsory Third Party (CTP) scheme. This guide explains what evidence to gather, how to prepare it, and key considerations for claims following wet weather accidents.
What Documentation is Required for CTP Claims After Aquaplaning Accidents?
Under the Motor Accident Injuries Act 2017 (MAIA), claims for injuries caused by aquaplaning accidents must include evidence of:
- Medical records showing the injury's nature, treatment, and prognosis
- Accident reports from NSW Police or the Transport for NSW incident report
- Witness statements from drivers, pedestrians, or cyclists
- Photographs of the accident scene, skid marks, and vehicle damage
- Medical practitioner notes detailing how the injury relates to the accident
SIRA guidelines stress that injuries must be directly linked to the accident. For example, if a driver lost control on a motorway due to spray from another vehicle, medical records must show how the aquaplaning caused specific injuries like whiplash or soft tissue damage.
How to Prepare Evidence for Aquaplaning Injury Claims
- Seek immediate medical attention to document injuries, even if they seem minor. Delayed treatment may affect claims.
- Obtain a full medical report from a registered medical practitioner, including imaging if needed.
- Record the accident details on your phone or notebook: time, location, weather conditions, vehicle speeds, and any road hazards.
- Preserve all correspondence with insurers, including emails, letters, and claims forms.
- Get witness statements from people who saw the accident, especially those who noticed road conditions or vehicle behavior.
Key Considerations for Documenting Aquaplaning Injuries
- Weather conditions must be documented, as they directly affect the accident's causation. For example, heavy rain or motorway spray can increase skidding risks.
- Spinal nerve-root injuries (a threshold injury under MAIA) must show neurological signs beyond radiculopathy to qualify for statutory benefits.
- Time limits apply: claims must be submitted within 52 weeks of the accident if only threshold injuries are involved. After this period, benefits are generally limited.
- Aquaplaning accidents on motorways may involve complex liability issues, requiring evidence of road conditions and vehicle behavior.
Example Scenario
A motorist on the M1 motorway lost control after hitting a patch of water caused by another vehicle's spray. The driver suffered a soft-tissue injury requiring physiotherapy. To claim under CTP, the injured person must provide:
- A medical report linking the injury to the aquaplaning event
- Police report confirming the accident was caused by road conditions or another vehicle's spray
- Evidence of income loss due to treatment
- Witness statements about the spray and skidding
When to Seek Legal Advice
If your claim is denied, or if you're unsure about your evidence, contact a solicitor. Time limits and complex liability issues mean early legal review is often necessary.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.