Aquaplaning Accidents and PIC Dispute Expectations
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).
If you were involved in a wet weather aquaplaning accident in NSW, the Personal Injury Commission (PIC) will assess your claim based on specific criteria. The PIC expects claimants to provide evidence that the accident was caused by a motor vehicle, not a pedestrian or cyclist, and that the injury meets the threshold injury definition under the Motor Accident Injuries Act 2017. This article explains how the PIC evaluates disputes in Bankstown and other NSW areas.
Key CTP Rules for Aquaplaning Claims
Under NSW CTP rules, aquaplaning accidents are treated as motor vehicle incidents if the skid was caused by a vehicle’s tyres losing contact with the road surface. The PIC will consider factors such as:
- Road conditions: Wet weather, standing water, and drainage issues.
- Vehicle speed and maintenance: Whether the driver was exceeding speed limits or had faulty tyres.
- Driver responsibility: Whether the driver took reasonable steps to avoid the accident.
SIRA guidelines state that the PIC must determine if the accident resulted from a motor vehicle’s operation, not from the claimant’s own actions. For example, if a driver lost control due to excessive speed on a wet road, the PIC will assess whether the driver’s actions contributed to the accident.
Evidence and Practical Steps for Disputes
To resolve disputes, claimants should gather:
- Witness statements from other drivers or road users.
- Photographs of the accident scene, including road conditions and vehicle positions.
- Medical records confirming the injury and its link to the accident.
- Police reports detailing the incident.
In Bankstown, claimants should contact the NSW Government’s Motor Accident Claims website to request a review of their claim. The PIC may also require a medical assessment to determine if the injury meets the threshold injury criteria, such as a spinal nerve-root injury with neurological signs.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident, unless the claimant is under 18 or has a serious injury. If the PIC disputes the claim, claimants should seek legal advice within 12 weeks of receiving the decision. Delays can result in the claim being dismissed, as the PIC has a statutory obligation to resolve disputes within 28 days of receiving new evidence.
Example: How the PIC Assesses Aquaplaning Claims
Consider a scenario where a driver skids on a wet road in Bankstown, causing a collision with a parked car. The PIC will first verify that the accident was caused by the driver’s vehicle. If the driver’s tyres were worn or the road had poor drainage, the PIC may reduce the claim. However, if the driver was following speed limits and the road had standing water, the PIC will likely accept the claim.
Next Steps for Claimants
If the PIC disputes your claim, you should:
- Request a review within 28 days of the decision.
- Submit new evidence such as medical reports or witness statements.
- Seek legal advice if the dispute escalates. Legal professionals can help challenge the PIC’s decision or negotiate a settlement.
Final Advice
Aquaplaning accidents in wet weather are complex, and the PIC expects claimants to provide clear evidence of the accident’s cause and injury. By understanding the CTP rules and gathering the right evidence, you can improve your chances of a successful claim. For tailored advice, complete the quick, no obligation enquiry form.