How SIRA Assesses Liability for Aquaplaning Accidents in Wet Weather
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).
In New South Wales, aquaplaning accidents during wet weather are handled under the Compulsory Third Party (CTP) scheme, which is administered by the State Insurance Regulatory Authority (SIRA). The key legal framework is the Motor Accident Injuries Act 2017, which outlines how claims are assessed when injuries occur due to road incidents. For aquaplaning accidents, SIRA evaluates liability based on whether the accident was caused by the insured driver’s actions or road conditions. Wet weather is considered a contributing factor, but fault is determined by whether the driver breached their duty of care, such as failing to reduce speed or maintain control.
Practical Evidence for Aquaplaning Claims
To support a CTP claim for an aquaplaning incident, evidence must demonstrate the accident’s cause and the injury’s link to the event. Key documents include:
- Accident reports from the New South Wales Police or the New South Wales Roads and Maritime Services (RMS), which often note weather conditions and road surface quality.
- Witness statements from drivers or pedestrians who observed the incident, particularly if they can confirm the road was wet or had standing water.
- Photographs of the accident scene, including skid marks, water accumulation, and any damage to vehicles.
- Medical records showing injuries consistent with aquaplaning, such as whiplash or soft-tissue damage.
- Weather data from the Bureau of Meteorology or local authorities, confirming the severity of the rain at the time of the incident.
In Bathurst, where aquaplaning incidents are common on the M2 and other motorways during heavy rain, drivers must provide clear evidence that the accident was not caused by their own negligence. For example, if a driver was traveling at an unsafe speed on a wet road, their claim may be disputed.
Time Limits and Dispute Resolution
CTP claims must be submitted within five years of the accident date, as per the Motor Accident Injuries Act 2017. However, benefits like weekly income payments or treatment costs are limited to 52 weeks if the injury is classified as a 'threshold injury' under the Motor Accident Guidelines. This means that if the injury is minor and does not meet the whole-person impairment threshold, the insurer may stop paying benefits after 52 weeks.
Disputes over liability or compensation are resolved through SIRA’s dispute resolution process. Claimants can request a review of their case or seek mediation. If the claimant believes the insurer is underpaying for long-term injuries, they may need to consult a solicitor to explore further options.
When to Seek Legal Advice
It is advisable to seek legal assistance if:
- The accident involved multiple vehicles or complex fault scenarios.
- The injury requires long-term treatment or has a high impairment rating.
- The claimant is unsure whether their injuries qualify for benefits under the CTP scheme.
- The insurer is disputing liability or delaying payment.
In Bathurst, where aquaplaning incidents are frequent, drivers should act quickly to preserve evidence and notify their insurer. However, legal advice is crucial when disputes arise or when the injury’s impact extends beyond the 52-week limit.
Example: Aquaplaning Claim in Bathurst
Consider a scenario where a driver on the M2 near Bathurst loses control of their car due to aquaplaning during a heavy downpour. The driver sustains soft-tissue injuries and requires medical treatment. To claim compensation, the driver must prove:
- The road was wet and the driver took reasonable steps to avoid the accident.
- The injury was caused by the aquaplaning incident, not pre-existing conditions.
- The injury meets the threshold injury criteria under the Motor Accident Guidelines.
If the claimant’s injuries are classified as a threshold injury, they may receive treatment benefits for up to 52 weeks. However, if the injury results in a whole-person impairment of 10% or more, the claimant may be eligible for long-term compensation.
Next Steps for Claimants
If you’ve been involved in an aquaplaning accident in Bathurst or elsewhere in NSW, it is essential to:
- Gather all available evidence, including photographs and witness statements.
- Notify your insurer within the required timeframe.
- Seek medical attention to document your injuries.
- Consider consulting a solicitor if your claim is disputed or if you need assistance with long-term benefits.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.