Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you were injured in an aquaplaning accident in regional NSW during wet weather, you may be eligible for treatment costs covered under the NSW Compulsory Third Party (CTP) scheme. This article explains how CTP funding works for treatment expenses, the steps to claim, and how SIRA processes these claims. It also outlines time limits and when to seek legal advice.
How CTP Funding Covers Treatment Costs
Under the Motor Accident Injuries Act 2017, CTP insurance covers treatment costs for injuries caused by motor vehicle accidents, including aquaplaning incidents. This includes medical bills, physiotherapy, and other necessary treatments. SIRA, the NSW government body managing CTP claims, assesses whether the injury meets the 'threshold injury' criteria, which typically requires a 10% whole person impairment or specified soft tissue injuries. If your injury qualifies, treatment costs are funded regardless of fault.
Practical Steps for Claiming CTP Funding
After an aquaplaning accident, take these steps: 1) Seek immediate medical attention and document all treatment records. 2) Report the accident to the police and obtain a report. 3) Notify the at-fault driver’s insurer through SIRA’s claims portal. 90% of CTP claims are resolved through SIRA without legal involvement, but delays can occur if evidence is incomplete.
SIRA’s Role in Regional NSW Claims
SIRA handles all CTP claims in NSW, including those in regional areas. For aquaplaning accidents, they assess whether the injury meets the threshold criteria. If you’re in a rural area with limited access to specialists, SIRA may arrange alternative care. Claims must be submitted within 52 weeks of the accident, though extensions are possible for complex cases.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim treatment costs under CTP. If your injury is a 'threshold injury, ' benefits stop after 52 weeks unless you have a long-term impairment. If SIRA denies your claim, you can request a review or seek legal advice to challenge the decision. Disputes over treatment necessity or injury severity are resolved through SIRA’s internal process or the NSW Civil and Administrative Tribunal (NCAT).
Example: Cyclist Injury in Regional NSW
Consider a cyclist in regional NSW who aquaplaned on a wet motorway, sustaining a soft tissue injury requiring physiotherapy. SIRA would fund the treatment costs if the injury meets the threshold criteria. If the cyclist’s treatment was delayed due to lack of local specialists, SIRA may cover travel costs or arrange care elsewhere.
When to Seek Legal Advice
While most CTP claims are handled through SIRA, legal assistance may be needed if: • The insurer denies a valid claim • You’re unsure if your injury meets threshold criteria • You need help navigating SIRA’s complex process • You want to pursue additional compensation beyond CTP benefits
CTP funding for aquaplaning accidents depends on the injury’s severity, evidence of treatment, and adherence to time limits. Regional NSW residents may face unique challenges, such as limited access to specialists or longer processing times. To request contact about your circumstances, complete the quick, no obligation enquiry form.