How NSW CTP Insurers Evaluate Aquaplaning Claims
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).
If you were involved in an aquaplaning accident during wet weather in NSW, understanding how insurers assess your claim is critical. Under the Compulsory Third Party (CTP) scheme, insurers must determine whether your injuries fall within the scheme’s coverage and whether fault lies with the at-fault driver. Aquaplaning accidents are evaluated based on the same legal principles as other motor accidents, but insurers will scrutinise factors like road conditions, vehicle maintenance, and driver behaviour.
Key CTP Rules for Wet Weather Accidents
The Motor Accident Injuries Act 2017 governs CTP claims in NSW. Insurers must consider whether your injuries meet the scheme’s definition of a 'threshold injury' or higher. For aquaplaning accidents, this involves assessing whether the accident resulted from a failure to maintain control of the vehicle in wet conditions. SIRA’s guidelines state that insurers must evaluate all evidence, including weather reports, vehicle maintenance records, and expert opinions, to determine fault.
Insurers also consider whether the accident occurred on a 'road' under the Road Traffic Act 1990, which includes highways, motorways, and car parks. Wet weather conditions may affect the assessment of 'contributory fault', if the claimant failed to reduce speed or maintain proper distance, this could reduce the compensation available.
Evidence That Matters for Aquaplaning Claims
To support your claim, you must provide evidence that the accident was caused by aquaplaning in wet conditions. Key documents include:
- Weather reports showing heavy rain or standing water
- Police reports detailing the accident scene
- Vehicle maintenance records (e.g., tyre tread depth)
- Witness statements or CCTV footage
- Medical records confirming injuries
Insurers may also request an expert assessment of the vehicle’s condition and the driver’s actions. For example, if your tyres were underinflated or worn, this could impact the insurer’s decision.
Time Limits and Dispute Options
You have 52 weeks from the date of the accident to claim weekly benefits for threshold injuries. If your injuries exceed the threshold, you may have longer to pursue compensation. However, insurers must respond to your claim within 28 days of receiving all required documents.
If your claim is rejected, you can dispute the decision by submitting a written objection to the insurer. SIRA provides a dispute resolution process where claimants can request a review of the insurer’s decision. In complex cases, legal advice may be necessary to challenge the assessment of fault or injury severity.
Example: How an Aquaplaning Claim Might Work
Imagine a driver on a motorway during heavy rain. The road had standing water, and the driver failed to reduce speed, causing the vehicle to aquaplane. The driver sustained soft-tissue injuries and a minor whiplash. The insurer would assess whether the driver’s failure to adjust speed contributed to the accident. If the driver was found to have 20% contributory fault, the insurer may reduce the compensation by that percentage.
When to Seek Legal Advice
Insurers may deny claims based on technicalities, such as arguing the accident was not caused by aquaplaning. If your claim is rejected, a solicitor can help you challenge the decision by reviewing the evidence and identifying gaps in the insurer’s assessment. Legal advice is particularly useful if your injuries exceed the threshold or if the insurer disputes the severity of your condition.
Next Steps
CTP claims depend on the specific facts of your accident. To request contact about your circumstances, complete the quick, no obligation enquiry form.