Wet Weather Aquaplaning in NSW CTP Claims: Early Steps and Checklist for Injured Road Users
If you were involved in a motor vehicle accident in Greater Sydney during wet weather and experienced aquaplaning, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains the early steps to take, the documents you should collect, and how the CTP scheme handles claims involving aquaplaning in wet conditions.
What to Do Immediately After a Wet Weather Aquaplaning Incident
After a wet weather aquaplaning incident, your first priority should be your safety and the safety of others. If you are injured, seek immediate medical attention. Document the incident by taking photos of the scene, any damage to vehicles, and your injuries. Collect contact information from witnesses and note the weather conditions at the time of the accident.
What You Can Claim Under the NSW CTP Scheme
Under the NSW CTP scheme, you may be eligible for treatment and care benefits, weekly income payments, and other statutory benefits if your injuries meet the threshold injury criteria. The scheme covers injuries such as whiplash, soft tissue injuries, and other conditions that result from a motor vehicle accident, regardless of fault. However, aquaplaning incidents are treated like any other accident under the CTP scheme, provided the accident occurred on a public road or road within a private property where a vehicle was being used in a public way.
What Documents You Should Collect
To support your claim, you should gather the following documents:
- Medical records, including reports from doctors or specialists
- Police report or accident report
- Witness statements or contact details
- Photographs of the accident scene, vehicle damage, and your injuries
- Income records to support any loss of earnings
- Correspondence with your insurer or the at-fault driver's insurance company
How the CTP Scheme Handles Aquaplaning Claims
The CTP scheme does not distinguish between accidents caused by aquaplaning and other types of motor vehicle accidents. If your injuries meet the threshold injury criteria, you may be eligible for statutory benefits. However, if your injuries are limited to soft tissue injuries, you may be eligible for treatment and care benefits for up to 52 weeks. After that, benefits may be limited unless you have a whole person impairment rating of 10% or more.
Common Mistakes to Avoid
When making a CTP claim, it is important to avoid the following mistakes:
- Failing to seek medical attention promptly
- Not documenting the accident or injuries
- Delaying notification to your insurer or the at-fault driver's insurance company
- Failing to collect witness statements or other evidence
- Not following the claimant checklist provided by SIRA
When to Seek Legal Advice
If you are unsure about the steps to take or if your claim is being disputed, it may be beneficial to seek legal advice. A solicitor can help you understand your rights, ensure you are following the correct procedures, and represent you if your claim is rejected.
Next Steps
CTP entitlements and deadlines can depend on the date of the accident, the nature of the injuries, and the circumstances of the claim. To request contact about your circumstances, complete the quick, no obligation enquiry form.