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. Drivers in Albury and across NSW must avoid common pitfalls to ensure their claims are processed fairly. This article explains how to prevent mistakes that could jeopardise your right to compensation.
Key CTP Rules for Aquaplaning Claims
NSW's CTP scheme covers injuries caused by motor vehicle accidents, including those resulting from aquaplaning. Under the Motor Accident Injuries Act 2017, claims are based on the accident's circumstances, not fault. However, drivers must demonstrate that the accident involved a motor vehicle and that the injury meets the 'threshold injury' definition in the Motor Accident Guidelines.
SIRA (State Insurance Regulatory Authority) assesses claims by considering factors like road conditions, vehicle speed, and whether the driver took reasonable precautions. For example, if a driver failed to reduce speed on a wet road, this could affect the claim's outcome. It's crucial to document the accident scene, including skid marks and weather conditions, as these form the basis of SIRA's evaluation.
Practical Steps and Evidence to Gather
After an aquaplaning accident, drivers must act quickly to preserve their claim. Key steps include:
- Seek immediate medical attention - Even minor injuries may worsen over time, and medical records are essential for proving the injury's connection to the accident.
- Document the accident scene - Take photos of skid marks, road conditions, and vehicle positions. Note the time, location, and weather conditions.
- Collect witness statements - Eyewitness accounts of the accident, especially regarding road conditions, can strengthen your claim.
- Report the incident to the insurer - Delaying notification may lead to claim rejection. SIRA requires claims to be submitted within 52 weeks of the accident, though this period may extend if the injury's full impact isn't immediately apparent.
Time Limits and Dispute Resolution
NSW CTP claims must be submitted within 52 weeks of the accident, as per the Motor Accident Injuries Act 2017. However, this deadline may not apply if the injury's full consequences are not yet known. For example, a driver who sustains a soft-tissue injury (like a sprain) but later develops chronic pain may need to wait until the injury's full extent is documented.
Disputes over claims are resolved through SIRA's dispute resolution process. If your claim is rejected, you can request a review or escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). It's important to act promptly, as delays can weaken your case.
When to Seek Legal Advice
While SIRA provides a clear framework for claims, each case is unique. Drivers in Albury should consider consulting a legal professional if:
- The accident involved multiple vehicles or unclear fault.
- The injury requires long-term treatment or has a high impairment rating.
- The claim is rejected and you believe the decision was incorrect.
Legal experts can help navigate SIRA's requirements, ensure all evidence is properly submitted, and challenge decisions that unfairly limit your compensation.
Example Scenario
Imagine a driver in Albury loses control of their car on a wet highway, skidding into a barrier. They fail to report the accident for 10 days and later claim they were injured. SIRA may reject the claim, arguing the delay undermines the injury's connection to the accident. This highlights the importance of acting quickly and documenting the incident thoroughly.
Next Steps
CTP claims depend on the accident date, injury type, and evidence collected. To ensure your claim is handled correctly, complete the quick, no obligation enquiry form to discuss your circumstances with a legal professional.