Slippery when wet – driver's speeding means they're mostly at fault

In Brief

• Pursuant to section 3.11 and section 3.28 of the Motor Accident Injuries Act 2017, a Claimant is not entitled to ongoing statutory benefits if they are wholly or mostly at fault for their accident.
• In single vehicle motor accidents, assessing the Claimant's contributory negligence requires an evaluative judgment of the extent to which they departed from the required standard of care.

Facts

The Personal Injury Commission (PIC) published its decision in Salazar Renteria v AAI Limited t/as GIO [2025] NSWPIC 623 on 5 December 2025.

On 14 August 2024, the Claimant was riding her motorcycle in Hurstville. She lost control of her motorcycle, on the wet road, whilst turning left from King Georges Road onto Hurstville Road. She argued that the accident was solely caused by the wet conditions rather than any want of care on her part.