How SIRA Handles Aquaplaning CTP Claims in Wet Weather
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).
When a motor vehicle accident occurs due to aquaplaning on wet roads, the New South Wales Compensation Tribunal (SIRA) assesses claims under the Motor Accident Injuries Act 2017. Aquaplaning incidents are treated as road hazards, not necessarily a failure of the driver’s care, provided the driver was exercising reasonable caution. For example, a Central Coast driver who skidded on a motorway due to heavy rain and subsequent motorway spray may qualify for benefits if their injuries meet the threshold injury criteria under the Motor Accident Guidelines.
Practical Steps and Evidence for Aquaplaning Claims
To support a CTP claim after an aquaplaning incident, claimants must provide:
- Accident reports from the NSW Police or relevant authorities
- Witness statements from drivers or pedestrians who observed the incident
- Photographs of the accident scene, including road conditions and skid marks
- Medical records confirming injuries, such as soft tissue damage or spinal nerve-root injuries (which may qualify under the guidelines)
- Weather data from the day of the accident, including rainfall intensity and road surface conditions
For instance, a Central Coast cyclist who was injured after a car aquaplaned on a wet road would need to demonstrate that the accident was caused by road conditions, not their own negligence. SIRA will evaluate whether the injuries meet the 'threshold injury' definition, which includes neurological signs from spinal nerve-root injuries.
Time Limits and Dispute Resolution for Aquaplaning Claims
CTP claims must be submitted within 52 weeks of the accident if the injuries are classified as 'threshold injuries' under the Motor Accident Injuries Act 2017. If the claimant’s injuries exceed the threshold, benefits may continue beyond 52 weeks. However, disputes can arise if the claimant’s injuries are deemed minor or if the accident was caused by factors like excessive speed or failure to maintain a safe distance.
On the Central Coast, a 2023 case involved a motorist who aquaplaned on a highway during a storm. SIRA ruled that the driver’s injuries qualified for weekly income payments because they met the threshold injury criteria. This highlights the importance of accurate medical documentation and timely submission of claims.
When to Seek Legal Advice for Aquaplaning Claims
While SIRA provides a structured process for CTP claims, complex cases may require legal assistance. For example, if a claimant’s injuries overlap with workers’ compensation or if there are disputes over fault, a solicitor can help navigate the legal framework. Always ensure that evidence is preserved and submitted within the 52-week timeframe to avoid losing entitlements.