How SIRA Handles Aquaplaning Claims in Wet Weather
- If you were injured in an aquaplaning accident during wet weather in NSW, the
- State Insurance Regulatory Authority (SIRA)* oversees your claim under the
- Motor Accident Injuries Act 2017*. SIRA determines liability by assessing whether the accident was caused by a motor vehicle, not by the driver’s actions. Wet weather conditions are considered in evaluating the accident’s circumstances, but the focus is on whether the vehicle’s operation contributed to the incident.
What Damages Are Available for Aquaplaning Injuries?
Under NSW CTP rules, injured road users may claim:
- Medical treatment and care benefits for injuries like whiplash or soft tissue damage.
- Weekly income payments if the injury prevents you from working.
- Lump sum compensation for permanent impairments or long-term consequences.
- However, claims for
- threshold injuries* (minor soft tissue damage) are limited to 52 weeks of benefits. SIRA uses the
- Motor Accident Guidelines* to assess whether your injury meets this threshold.
How Wet Weather Affects the CTP Claims Process
Wet weather conditions like heavy rain or motorway spray can influence the claim process. SIRA requires evidence such as:
- Weather reports showing the road was wet at the time of the accident.
- Witness statements or photographs of the road conditions.
- Medical records linking your injury to the accident.
For example, if a cyclist aquaplaned on a wet road and sustained a soft tissue injury, they must prove the accident occurred due to the vehicle’s operation, not their own actions. SIRA will also consider whether the driver took reasonable steps to avoid the incident.
Practical Steps to Support Your Claim
To strengthen your CTP claim:
- Seek immediate medical attention and keep all medical records.
- Document the accident with photos of the vehicle, road conditions, and any visible damage.
- Report the incident to the relevant insurer within 14 days (per SIRA guidelines).
- Collect witness details and contact information.
- Keep records of income loss if you’re unable to work.
Time Limits and Dispute Options
You have three years from the accident date to file a CTP claim under NSW law. However, certain benefits like weekly payments stop after 52 weeks if the injury is classified as a threshold injury. If your claim is disputed, SIRA provides a formal review process. For complex cases involving long-term injuries or disputes, seeking independent legal advice is recommended.
When to Seek Professional Help
If your aquaplaning accident involved:
- Severe injuries like spinal or brain trauma.
- Disputes over liability or claim value.
- Uncertainty about whether your injury qualifies for benefits.
Contact a legal professional to ensure your claim meets SIRA’s requirements. Every claim depends on its own facts, and the outcome can vary based on the evidence and applicable law.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.