How NSW CTP Law Handles Aquaplaning Injuries
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).
Aquaplaning accidents in wet weather fall under NSW's Compulsory Third Party (CTP) scheme, which covers injuries caused by motor vehicle accidents. Under the Motor Accident Injuries Act 2017, drivers and passengers involved in such incidents may claim benefits like weekly income payments, treatment costs, and compensation for permanent impairments. However, the CTP scheme does not cover all injuries, only 'threshold injuries' (minor soft-tissue damage) are eligible for limited benefits after 52 weeks. More serious injuries, such as spinal nerve-root damage or long-term disability, qualify for ongoing compensation.
Evidence Needed for CTP Claims After Aquaplaning
To support a claim, injured road users in Ashfield must provide:
- Medical records confirming the injury and its connection to the accident
- Police reports or accident statements detailing the incident
- Witness statements or CCTV footage showing road conditions
- Proof of income to claim weekly benefits
- Documentation of treatment costs or lost wages
Weather conditions, such as heavy rain or poor road maintenance, may also influence the assessment of fault and compensation.
SIRA's Role in Assessing Aquaplaning Claims
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme. When assessing claims, SIRA evaluates:
- Whether the injury meets the 'threshold injury' definition under the Motor Accident Guidelines
- The extent of the injury and its impact on daily life
- Fault determination, which involves assessing whether the accident was caused by the at-fault driver's negligence
SIRA also provides information on how to submit claims and dispute decisions. In complex cases, legal advice may be necessary to challenge an adverse assessment.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident for threshold injuries. For more serious injuries, the 52-week limit does not apply, but the injured person must notify the insurer promptly. Delays can jeopardize benefits like weekly payments.
If you face disputes over fault, compensation, or claim eligibility, contact SIRA directly or consult a solicitor. Legal professionals can help navigate issues like contributory fault or disputes over the severity of the injury.
Practical Example: Aquaplaning on a Wet Motorway
Imagine a driver in Ashfield loses control of their car on a motorway during heavy rain, causing an aquaplaning accident. They suffer a soft-tissue injury and require medical treatment. Under the CTP scheme, they may claim weekly benefits for 52 weeks. However, if the injury results in a 10% whole-person impairment, they could qualify for ongoing compensation beyond the 59-week limit.
Next Steps for Injured People in Ashfield
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.