How SIRA assesses aquaplaning accident claims
When an accident occurs due to aquaplaning in New South Wales, injured road users may have questions about their compensation entitlements under the Compulsory Third Party (CTP) scheme. The State Insurance Regulatory Authority (SIRA) manages these claims, and its assessment focuses on whether the accident met the legal definition of a motor accident under the Motor Accident Injuries Act 2017 (MAIA). Aquaplaning is a contributing factor, but SIRA evaluates the specific circumstances of the incident, including road conditions, vehicle speed, and driver actions.
Legal framework for aquaplaning claims
Under NSW law, a motor accident is defined as a collision between vehicles, a vehicle and a pedestrian, or a vehicle and a stationary object. Aquaplaning accidents fall under this definition if the incident involved a moving vehicle. SIRA does not require the accident to be caused solely by aquaplaning; instead, it assesses whether the accident resulted from a combination of factors, including wet road conditions. The key is proving that the accident occurred as a result of the vehicle’s operation, not a non-motor vehicle incident.
Evidence to support aquaplaning claims
To claim compensation for an aquaplaning accident, injured individuals must provide evidence that the incident met the legal criteria for a motor accident. This includes:
- Police reports documenting the accident and road conditions
- Witness statements confirming wet weather and vehicle behavior
- Photographs of the road surface, skid marks, or water accumulation
- Medical records linking the injury to the accident
SIRA may also consider expert opinions on vehicle speed and road conditions. For example, if black ice contributed to the aquaplaning, evidence of icy patches or reduced tire traction would be critical.
Time limits and dispute resolution
CTP claims in NSW must be submitted within three years of the accident date. Delays beyond this period may result in the claim being rejected. If the injured person disputes SIRA’s assessment of their claim, they can request a review through the NSW Civil and Administrative Tribunal (NCAT). This process allows for a formal challenge to the initial decision, particularly if new evidence emerges or if there are concerns about contributory fault.
Can injured road users claim beyond SIRA guidelines?
Under the MAIA, SIRA provides statutory benefits for injuries caused by motor accidents, including weekly income payments and treatment costs. However, injured individuals may also pursue a common law damages claim if they can prove the defendant’s fault. This is separate from the CTP scheme and requires demonstrating that the accident was caused by another party’s negligence. For example, if a driver was speeding and contributed to the aquaplaning, the injured party may have a claim for additional compensation.
Practical steps for injured road users
After an aquaplaning accident, the first priority is seeking medical attention to document injuries. Injured road users should also:
- Contact the police to report the incident
- Gather evidence of the accident and road conditions
- Notify their insurer or SIRA within three years of the accident
- Keep records of all correspondence with insurers and medical providers
For instance, if a driver failed to reduce speed in wet conditions, this could impact the claim’s outcome.
When to seek legal advice
While SIRA handles most CTP claims, complex cases involving disputes over liability, contributory fault, or overlapping claims (such as workers’ compensation) may require legal assistance. An experienced solicitor can help injured road users navigate the claims process, challenge SIRA decisions, or pursue additional compensation through the courts.
Next steps for injured road users
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.