How SIRA Determines Fault in Aquaplaning Accidents
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).
- When a motor vehicle accident occurs due to aquaplaning in wet weather, the New South Wales Compulsory Third Party (CTP) scheme determines liability and compensation based on the
- Motor Accident Injuries Act 2017* and
- SIRA guidelines*. SIRA assesses whether the accident falls within the statutory framework by evaluating factors such as road conditions, vehicle maintenance, and driver responsibility. For example, if a driver’s vehicle was not properly maintained, this could affect fault determination. SIRA’s role is to apply the law consistently, ensuring injured road users in Armidale or other NSW locations receive fair treatment.
Compensation Available for Aquaplaning Injuries
- Under NSW CTP laws, claimants may access two types of support: statutory benefits and common law damages. Statutory benefits include weekly income payments, treatment and care benefits, and compensation for permanent impairment. These are available regardless of fault, provided the injury meets the
- threshold injury* criteria in the
- Motor Accident Guidelines*. Common law damages, however, require proof of negligence or breach of duty by the at-fault party. For instance, if a driver’s failure to reduce speed caused the aquaplaning incident, they may be liable for additional compensation.
Practical Steps for Claimants
To support a claim, injured parties should gather evidence such as:
- Weather reports confirming heavy rain or poor road conditions
- Vehicle maintenance records to show proper tire and brake function
- Witness statements or CCTV footage of the incident
- Medical records proving the injury’s connection to the accident
SIRA also considers the spinal nerve-root qualification for soft-tissue injuries, which may still qualify as threshold injuries even without radiculopathy. Claimants should document all evidence promptly, as time limits apply to certain benefits.
Time Limits and When to Seek Advice
Statutory benefits like weekly payments are generally limited to 52 weeks if the injury is classified as a threshold injury. After this period, claimants may need to pursue common law damages, which depend on proving fault. Disputes over liability or compensation can be resolved through SIRA’s dispute resolution process or by seeking legal advice. For example, if a claimant’s injury exceeds the threshold and they face a 52-week benefit cap, consulting a solicitor can help explore further options.
Next Steps for Injured Claimants
CTP entitlements depend on the accident date, injury type, and claim history. To understand your options, complete the quick, no obligation enquiry form. Every claim depends on its own facts, and SIRA’s guidelines provide a framework, but individual circumstances may require tailored advice.