In regional NSW, aquaplaning accidents during wet weather can lead to complex liability assessments under the Compulsory Third Party (CTP) scheme. This article explains how insurers evaluate fault, the factors they consider, and practical steps to support a claim. The 2017 CTP reforms have changed how liability is determined, especially in cases involving weather-related hazards.
How CTP Insurers Assess Liability in Aquaplaning Accidents
CTP insurers in regional NSW assess liability by determining whether the accident was caused by a motor vehicle on a road, as defined by the Motor Accident Injuries Act 2017. Aquaplaning incidents are evaluated based on the legal character of the accident, not the driver’s skill. Insurers consider:
- Weather conditions: Rain, spray, or poor visibility may affect the assessment, but fault is determined by whether the vehicle was on a road and the accident met the legal definition of a motor accident.
- Vehicle location: If the accident occurred on a public road, the CTP insurer must cover claims. Private property or car parks are assessed based on whether the vehicle was being used on a road.
- Evidence of road use: Insurers require proof that the vehicle was on a road, such as traffic camera footage, witness statements, or police reports. For example, if a car skidded on a wet motorway, the insurer must assume the accident was caused by the vehicle’s use on the road, not the driver’s actions.
Factors Considered in Fault Determination
Insurers apply the 'road use' test to determine liability. Under the 2017 reforms, the focus is on whether the accident occurred on a road, not on assigning blame. Key factors include:
- Spill-over from road surfaces: If a vehicle hydroplaned due to water on the road, the insurer must cover the claim, as the accident is deemed to have occurred on a road.
- Driver responsibility: While the driver’s actions are reviewed, the CTP scheme does not assign fault in the traditional sense. Instead, insurers assess whether the accident met the legal definition of a motor accident, not whether the driver was negligent.
- Witness and evidence: Police reports, traffic camera footage, and statements from witnesses are critical. For instance, if a cyclist was aquaplaning on a wet road and collided with a car, the insurer must cover the claim if the road was the location of the accident.
Practical Steps for Injured Road Users
After an aquaplaning accident, injured road users should:
- Seek immediate medical attention to document injuries, as some soft-tissue injuries may not be apparent initially.
- Preserve evidence: Collect photos of the accident scene, weather conditions, and any visible damage to vehicles. Keep records of medical treatment, income loss, and communication with insurers.
- Notify the insurer: Contact the at-fault driver’s CTP insurer as soon as possible. Delays may affect the ability to claim weekly benefits or treatment costs.
- a Record all correspondence: Keep copies of emails, letters, and phone calls with insurers to track the progress of the claim.
Impact of the 2017 CTP Reforms
The 2017 reforms changed how insurers assess liability in aquaplaning cases by shifting the focus to the legal definition of a motor accident rather than assigning fault. Under the new rules:
- Threshold injuries (such as whiplash) are covered, but weekly benefits may stop after 52 weeks unless the injury meets the whole-person impairment threshold.
- Fault is not assigned in the traditional sense. Insurers must cover claims if the accident occurred on a road, regardless of the driver’s skill or the weather conditions.
- Evidence of road use is critical. For example, if a car aquaplaned on a wet road and collided with a pedestrian, the insurer must cover the claim, even if the driver was not at fault.
When to Seek Legal Advice
While the CTP scheme provides a safety net, insurers may dispute claims or delay payments. If you face challenges with:
- Claim delays or denials
- Questions about the 52-week benefit limit
- Disputes over the legal definition of a motor accident
Seeking legal advice ensures your rights under the CTP scheme are protected. A solicitor can help navigate the process and challenge unfair decisions.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.