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 involved in an aquaplaning accident in New South Wales, collecting and preserving evidence is crucial to support your Compulsory Third Party (CTP) claim. Aquaplaning occurs when a vehicle loses traction on a wet road surface, often leading to loss of control. Under NSW CTP laws, you must demonstrate that the accident was caused by a motor vehicle and that you suffered injuries or property damage. This article explains what evidence to collect, how to document it, and which SIRA guidelines apply to your claim.
What evidence proves an aquaplaning accident under NSW CTP laws?
To establish a valid CTP claim after an aquaplaning accident, you must provide evidence that:
- The accident occurred on a wet road surface (e.g., weather reports, eyewitness accounts)
- Your vehicle lost traction due to water on the road (e.g., skid marks, vehicle condition reports)
- You suffered injuries or property damage (e.g., medical records, repair invoices)
SIRA guidelines emphasize that claims must be supported by objective evidence. For example, if you were a pedestrian or cyclist, witness statements about road conditions and vehicle movement are essential. If you were a driver, documenting skid marks and tyre condition can help prove aquaplaning.
How to document and preserve evidence after an aquaplaning accident
- Record the weather: Save weather reports showing heavy rain, standing water, or poor visibility. SIRA considers weather conditions when assessing claims.
- Take photos: Capture skid marks, water on the road, and vehicle damage. Include close-ups of tyre tread and road surface conditions.
- Keep vehicle records: Retain maintenance logs showing tyre condition, and note any damage to the undercarriage or wheels.
- Document injuries: Seek medical attention immediately and keep all records, including GP notes, imaging reports, and treatment plans. SIRA requires medical evidence to link injuries to the accident.
- Preserve witness details: Note names, contact information, and statements from witnesses who saw the accident or road conditions.
SIRA guidelines for aquaplaning claims
SIRA’s What you can claim page outlines that CTP claims cover:
- Medical treatment costs
- Income loss due to injury
- Property damage repairs
For aquaplaning claims, SIRA’s Making a motor accident claim guide stresses that evidence must show a direct link between the accident and the road conditions. For example, if you were injured due to water on the road, you must prove that the accident would not have occurred under dry conditions.
Time limits and when to seek advice
CTP claims must be submitted within 52 weeks of the accident under the Motor Accident Injuries Act 2017. If your injuries are classified as 'threshold injuries' (e.g., soft tissue injuries), benefits may stop after 52 weeks unless you meet specific criteria. Seek legal advice if your claim is denied or if you need to dispute a decision.
Example: How evidence supports an aquaplaning claim
Imagine a driver who lost control on a motorway during heavy rain. Weather reports show 50mm of rainfall in the hour before the accident. Photos of the road show deep water puddles, and skid marks indicate the vehicle hydroplaned. Medical records confirm neck strain from the sudden stop. This evidence supports a CTP claim by proving the accident was caused by wet road conditions.
Next steps for NSW CTP claims
If you’re unsure whether your evidence meets CTP requirements, contact a legal professional. General information cannot determine whether a claim is available in an individual case. Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.