Motor vehicle accidents involving aquaplaning in wet weather are common on NSW roads, particularly in regions like Newcastle and the Hunter where heavy rainfall and high-speed roads increase risk. If you were injured in such an incident, the insurer (or Personal Injury Commission, PIC) may dispute your claim based on whether the accident was truly caused by aquaplaning or another factor. Under NSW CTP law, you must establish that the accident occurred due to loss of vehicle control on a wet surface, and that this resulted in injury. The PIC expects clear, objective evidence to support this, not just a claim that 'the road was wet'.
The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 set the legal framework. To claim compensation, you must show that the accident was caused by a motor vehicle losing traction on a wet road surface, and that this loss of control led to the injury. The insurer may challenge whether the road was actually wet, whether the vehicle was travelling at a speed that made aquaplaning likely, or whether another cause, such as driver error, mechanical failure, or a collision with another object, was more probable. The burden of proof lies with you to demonstrate that aquaplaning was the actual cause.
Key evidence that supports a claim in a dispute includes:
- A detailed account of the weather conditions at the time and location of the accident, including rainfall data from the Bureau of Meteorology or local weather stations.
- Photographs or video of the road surface immediately after the accident, showing standing water, surface texture, or absence of drainage.
- Witness statements confirming that the road was wet, that the vehicle appeared to lose traction, and that no other vehicle or object caused the incident.
- Vehicle inspection reports showing no mechanical faults, particularly in the braking or suspension systems.
- Medical records documenting injuries consistent with a sudden loss of control and impact, such as whiplash, spinal strain, or head trauma.
- Speed and braking data from the vehicle’s black box (if available), or independent analysis of skid marks and road surface conditions.
SIRA and the PIC assess disputes over wet weather aquaplaning claims by focusing on whether the evidence supports a reasonable inference that aquaplaning occurred. The PIC does not accept anecdotal claims or assumptions. For example, if a claimant says 'the car slipped on a wet road' without supporting details, the PIC may reject the claim unless corroborating evidence is provided. In the Newcastle and Hunter region, roads such as the Pacific Highway and M1 motorway are frequently cited in disputes due to high traffic volume and frequent rain. The PIC expects claimants to address these factors directly in their submissions.
If your claim is disputed, you may request an internal review from the insurer within 28 days of receiving the decision. If the review does not resolve the issue, you may apply to the Personal Injury Commission (PIC) for a determination. The PIC will consider all evidence, including medical reports, engineering assessments, and witness statements. You may also request a medical dispute under the Motor Accident Injuries Act 2017, which allows for a second medical opinion if the insurer disputes the nature or extent of your injury. This process typically takes 6 to 12 weeks and may involve a medical assessor appointed by the PIC.
A common mistake in these disputes is relying solely on a claimant’s statement without objective evidence. The PIC expects claimants to proactively gather and submit evidence that demonstrates the road was wet, the vehicle was travelling at a speed that could lead to aquaplaning, and that no other factor caused the accident. For example, a claimant who was a passenger in a car that hydroplaned on a rain-slicked stretch of the M1 near Maitland may have a stronger case if they can show that the vehicle was travelling at 80 km/h on a road with a 60 km/h limit, and that weather data confirms 20 mm of rain fell in the hour before the accident.
Time limits apply. You must notify the insurer of your claim within 3 months of the accident, or within 6 months if you were not aware of the injury at the time. Failure to meet these deadlines may prevent you from claiming compensation. Additionally, if you are seeking damages for injury, you must meet the threshold for a serious injury under the Motor Accident Injuries Act 2017, which includes injuries that result in a permanent impairment of at least 10% of the whole person, or a permanent loss of function.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.