How SIRA Handles CTP Claims for Aquaplaning Accidents
If you were injured in an aquaplaning accident in Bathurst, the New South Wales Compensation for Motor Accident Victims (SIRA) scheme determines your eligibility for compensation. SIRA assesses liability based on whether the accident involved a motor vehicle and whether the injury meets the threshold injury definition under the Motor Accident Injuries Act 2017. Wet weather conditions, such as heavy rain or motorway spray, are considered when evaluating the accident’s circumstances.
Practical Steps and Evidence for CTP Claims
To support a CTP claim after an aquaplaning incident, gather the following evidence:
- Accident details: Police reports, traffic camera footage, and witness statements.
- Medical records: Documentation of injuries, treatment, and recovery progress.
- Vehicle information: Photos of skid marks, tyre condition, and any damage from aquaplaning.
- Weather data: Weather reports from the time of the accident to establish wet conditions.
SIRA requires these records to assess whether the injury qualifies as a threshold injury, which is defined as an injury requiring medical treatment and resulting from the accident. If the injury is classified as a threshold injury, you may be eligible for weekly income payments and treatment benefits.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident if the injury is a threshold injury. If the injury is more severe and exceeds the threshold, there is no time limit for claiming compensation. However, disputes over liability or injury severity may require legal review. Injured drivers in Bathurst should seek advice from a solicitor if:
- The accident involved multiple vehicles or unclear fault.
- The injury requires long-term treatment or has a whole-person impairment rating.
- The claim is disputed by the insurer.
Example: Aquaplaning on a Motorway
A driver in Bathurst lost control of their car on a motorway during heavy rain, leading to an aquaplaning incident. The accident resulted in a broken wrist and soft tissue injuries. SIRA would assess whether the injury meets the threshold criteria and whether the wet weather contributed to the accident. If the claim is accepted, the injured person may receive weekly payments for 52 weeks and treatment benefits.
Next Steps for Injured People in Bathurst
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.