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).
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).
Aquaplaning accidents in wet weather can lead to serious injuries and complex claims under NSW's Compulsory Third Party (CTP) scheme. This guide explains how to avoid critical errors that may jeopardise your claim, based on SIRA guidelines and NSW law. Key mistakes include failing to document weather conditions, not reporting the accident promptly, and neglecting medical evidence. Proper documentation and adherence to procedural rules are essential to secure compensation for injuries, treatment costs, and lost income.
Key Mistakes in Aquaplaning Claims
- Ignoring Weather Conditions: SIRA guidelines require detailed records of rainfall intensity, road surface conditions, and visibility. Failing to note these can weaken claims, as wet weather is a statutory factor in determining fault and injury severity.
- Delaying Accident Reporting: CTP claims must be reported to the at-fault driver's insurer within 52 weeks of the accident. Delays may result in denied benefits, especially if injuries are not immediately apparent.
- Not Seeking Immediate Medical Attention: Delayed medical records can undermine claims for soft-tissue injuries. SIRA requires evidence of treatment, such as GP notes or scans, to prove the injury's connection to the accident.
- Overlooking Witness Statements: Witnesses to aquaplaning incidents can confirm vehicle speeds, road conditions, and driver actions. Without this, claims may struggle to establish fault or injury causation.
Critical Evidence for CTP Claims
To support your claim, gather:
- Accident reports from police or traffic cameras
- Photographs of skid marks, water on the road, and vehicle damage
- Medical records showing injuries linked to the accident
- Witness contact details for corroborating statements
- Income records to claim lost wages or care costs
SIRA's Motor Accident Guidelines specify that injuries must be 'caused by the accident' to qualify for benefits. For example, a back injury from aquaplaning must be shown to result from the accident, not pre-existing conditions.
When to Seek Legal Advice
If your claim is rejected or disputed, consult a solicitor experienced in NSW CTP matters. Common disputes involve:
- Fault allocation in blameless accidents
- Threshold injury assessments for soft-tissue claims
- Disputes over 52-week benefit limits for recurring injuries
Legal professionals can challenge rejections based on SIRA's 'only injuries' rule, which limits benefits after 52 weeks if injuries are not severe enough for statutory payments.
Example Scenario
A cyclist in Albury suffered a knee injury after aquaplaning on a wet motorway. The claimant failed to report the accident within 52 weeks and later struggled to prove the injury's connection to the accident. SIRA denied benefits, citing lack of timely documentation and insufficient medical evidence. This highlights the need for prompt action and thorough record-keeping.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.