Motor vehicle accidents caused by aquaplaning in wet weather are common on NSW roads, particularly on major motorways in Greater Sydney such as the M4, M5 and M2. These incidents often involve high-speed travel on roads with poor drainage or inadequate surface maintenance, leading to loss of vehicle control and serious injury. Under the Motor Accident Injuries Act 2017 (MAIA), individuals injured in such accidents may be entitled to compensation through the Compulsory Third Party (CTP) insurance scheme, administered by the State Insurance Regulatory Authority (SIRA).
SIRA assesses liability for aquaplaning accidents based on the circumstances of the incident, not on fault alone. The CTP scheme provides automatic entitlement to treatment and care benefits and weekly income payments for injured persons, regardless of who caused the accident. However, to claim damages for pain and suffering, loss of enjoyment of life, or future care needs, a person must meet the threshold for a serious injury under the MAIA. This threshold requires that the injury be serious in nature, and not merely a soft tissue injury without lasting impact.
In Greater Sydney, several aquaplaning incidents have been reported on the M4 between Homebush and Liverpool, particularly during heavy rainfall in winter months. In one example, a driver travelling at approximately 90 km/h on the M4 during a storm experienced aquaplaning on a section of road with visible standing water. The vehicle crossed the median and collided with an oncoming car. The driver sustained a spinal disc injury and required surgery. SIRA determined that the injury met the threshold for a serious injury because it resulted in a permanent impairment and ongoing neurological symptoms, including numbness and reduced mobility. The claim was processed under the CTP scheme, and the injured person received treatment and care benefits, weekly income payments, and damages for non-economic loss.
Another example occurred on the M5 near the Eastern Distributor in 2024. A passenger in a vehicle that aquaplaned on a wet road sustained a whiplash injury. Medical evidence showed no structural damage to the spine, but the person experienced persistent neck pain and restricted movement. SIRA assessed this as a soft tissue injury, which does not meet the threshold for damages under the MAIA. However, the person was still entitled to treatment and care benefits and weekly income payments for up to 52 weeks, as the injury was not considered serious enough to qualify for damages.
The type of evidence that supports a CTP claim in aquaplaning incidents includes medical records detailing the nature and duration of injuries, photographs of the accident scene and road conditions, weather reports from the time of the accident, and any available traffic camera footage. Witness statements, vehicle damage assessments, and records of time spent off work are also important. In Greater Sydney, road maintenance logs from Transport for NSW may be relevant if the road surface was known to have drainage issues prior to the accident.
Time limits apply under the MAIA. A claim must generally be made within three years of the accident date. However, if the injury is not immediately apparent, the three-year period starts from when the person first knew or ought to have known of the injury. For claims involving a threshold injury, the 52-week limit on treatment and care benefits and weekly income payments applies only if the injury is not serious. If a person’s only injuries are threshold injuries, benefits are generally limited after 52 weeks, unless a claim for damages is successful.
A claim may be disputed if the insurer argues that the injury did not result from the accident, or that the injury does not meet the threshold for serious injury. In such cases, a person may request a review or apply to the Civil and Administrative Tribunal (NCAT) for a determination. It is important to seek independent legal advice if a claim is disputed, as the outcome can significantly affect the amount of compensation received.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.