Aquaplaning Accidents and NSW CTP Scheme Eligibility
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).
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).
If you were injured in an aquaplaning accident on NSW roads, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. The NSW CTP scheme covers injuries caused by motor vehicle accidents, regardless of fault, as long as the accident meets the legal definition of a motor accident. Aquaplaning, where a vehicle loses traction on a wet road surface, is considered a motor accident under the Motor Accident Injuries Act 2017 (MAIA), provided the incident occurred on a public road or car park.
Key CTP Eligibility Rules for Aquaplaning Accidents
The NSW CTP scheme covers injuries resulting from motor vehicle accidents, including those caused by wet weather conditions. SIRA (State Insurance Regulatory Authority) guidelines confirm that aquaplaning incidents are eligible for claims if they meet the following criteria:
- The accident occurred on a public road, car park, or other area where vehicles are permitted to travel.
- The injury was caused by the accident, not by a pre-existing condition or unrelated event.
- The claimant is a driver, passenger, pedestrian, cyclist, or motorcyclist involved in the incident.
SIRA assesses claims based on the accident's circumstances, not fault. Even if the accident was partly caused by wet weather, it still qualifies as a motor accident under the CTP scheme. However, claims must be submitted within the statutory time limits, typically within 3 years of the accident date, though exceptions may apply for specific injuries.
Practical Steps After an Aquaplaning Accident
To support a CTP claim, gather the following evidence:
- Accident details: Obtain a police report, witness statements, and a written account of the incident.
- Medical records: Document injuries and treatment, as medical evidence is crucial for determining eligibility and compensation.
- Photographs: Capture the accident scene, skid marks, and any visible damage to vehicles or road conditions.
- Witness contact information: Keep names and contact details of witnesses who saw the accident.
- Insurance details: Note the at-fault driver’s insurance information, as CTP claims are typically processed through the insurer.
If you’re unsure whether your aquaplaning accident qualifies, contact SIRA directly for clarification. They can confirm whether your specific circumstances meet the legal definition of a motor accident.
When to Seek Legal Advice
While the CTP scheme provides a pathway for compensation, claims can be complex. For example, if your injury is classified as a 'threshold injury' (a minor soft-tissue injury), benefits may be limited after 52 weeks under the MAIA. SIRA also has specific rules about how injuries are assessed, including the requirement for a spinal nerve-root injury to qualify as a threshold injury.
If your claim is disputed, or if you need help navigating the process, seek advice from a solicitor specialising in NSW CTP claims. They can help you understand your options and ensure you meet all eligibility requirements.
Next Steps
CTP claims depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.