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).
When a motor vehicle accident occurs due to aquaplaning in wet weather, NSW insurers assess liability under the Motor Accident Injuries Act 2017 (MAIA). This article explains how insurers evaluate fault in such cases, the factors they consider, and practical steps for claimants. Understanding SIRA’s approach to wet weather incidents is key to navigating CTP claims.
How NSW CTP Insurers Assess Liability for Aquaplaning Accidents
Under the MAIA, insurers evaluate liability by determining whether the accident resulted from a ‘fault’ or ‘contributory fault’ under the Act. For aquaplaning incidents, insurers consider:
- Road conditions: Whether the road was adequately maintained, had proper drainage, or was affected by excessive rainfall.
- Vehicle maintenance: Whether the driver’s vehicle was in good condition (e.g., tyres with adequate tread depth, functioning brakes).
- Driver responsibility: Whether the driver took reasonable steps to avoid the accident, such as reducing speed or using appropriate lights.
- Contributory fault: If the claimant contributed to the accident (e.g., by speeding or failing to maintain a safe distance), insurers may reduce compensation.
SIRA’s guidelines state that drivers must exercise ‘due care’ in wet conditions. For example, if a driver fails to reduce speed on a motorway during heavy rain, this could be seen as contributory fault.
Practical Evidence and Steps for Claimants
To support a CTP claim after an aquaplaning accident, claimants should gather:
- Weather records: Police reports, weather station data, or eyewitness accounts confirming heavy rain or poor visibility.
- Vehicle inspection reports: Documentation showing tyre condition, brake functionality, and any pre-accident maintenance.
- Witness statements: Statements from other drivers or pedestrians confirming road conditions and driver actions.
- Photographs: Images of the accident scene, skid marks, or water on the road.
Claimants should also preserve evidence of injuries, such as medical records and treatment costs, as these are essential for determining compensation.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident under the MAIA. If a claimant exceeds this period, insurers may argue that benefits are no longer payable. However, this does not apply to claims for permanent impairment or lifetime care, which are governed by different rules.
If an insurer disputes liability, claimants can request a review by the NSW Civil and Administrative Tribunal (NCAT) or seek independent legal advice. SIRA provides a free claims assessment tool to help determine eligibility for benefits.
Example Scenario: Aquaplaning on a Motorway
Consider a driver who loses control of their car on a motorway during a sudden downpour. The road had not been treated for wet conditions, and the driver failed to reduce speed. SIRA would assess whether the driver exercised due care. If the driver’s actions were reasonable under the circumstances, the insurer may still accept liability. However, if the driver was speeding, the claimant’s compensation could be reduced.
When to Seek Legal Advice
While SIRA provides resources for self-advocacy, complex cases involving contributory fault, multiple parties, or disputes over injuries may require a solicitor. Legal professionals can help claimants understand their rights under the MAIA and ensure all evidence is properly submitted.
Next Steps for Claimants
If you’ve been involved in an aquaplaning accident and are unsure how to proceed, it’s important to act promptly. Gather evidence, submit your claim within 52 weeks, and consider seeking legal advice if disputes arise. Every claim depends on its own facts.
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