Wildlife Strikes and the 2017 CTP Reforms in NSW
If you were injured in a wildlife strike accident in New South Wales, the 2017 reforms to the Compulsory Third Party (CTP) scheme have changed how your claim is assessed. These reforms introduced stricter rules about what injuries qualify for benefits and how insurers evaluate claims. This article explains the key changes, how insurers assess wildlife strike claims, and steps to take after an accident in Armidale.
Key Changes to NSW CTP Claims After 2017
The 2017 reforms to the Motor Accident Injuries Act 2017 and Motor Accident Guidelines shifted focus to 'threshold injuries', injuries that meet specific medical criteria. For wildlife strikes, this means:
- Soft tissue injuries (like whiplash) must now meet the 'threshold injury' definition in the Motor Accident Guidelines. This includes spinal nerve-root injuries with neurological signs, excluding radiculopathy unless specific clinical signs are present.
- Benefits are limited after 52 weeks if your injuries are only threshold injuries. Statutory benefits like weekly payments and treatment costs stop unless you have a whole-person impairment rating of 10% or more.
- Fault is less relevant in CTP claims. Unlike common law damages, CTP benefits are available regardless of who was at fault, as long as the accident involved a motor vehicle.
How Insurers Assess Wildlife Strike Claims
Insurers evaluate wildlife strike claims by:
- Reviewing medical evidence to determine if your injury meets the threshold injury definition. This includes imaging, clinical notes, and specialist reports.
- Assessing the accident circumstances. For example, if you hit a deer while driving, insurers will consider whether the impact caused the injury and if the injury meets the threshold criteria.
- Applying the 52-week rule. If your injuries are only threshold injuries, benefits stop after 59 weeks (52 weeks of statutory benefits plus 7 weeks of treatment). You must apply for a whole-person impairment assessment to continue receiving payments.
Practical Steps After a Wildlife Strike Accident
If you were injured in a wildlife strike accident in Armidale, take these steps:
- Seek immediate medical attention. Document all injuries and ensure your medical records clearly link the accident to your injuries.
- Preserve evidence. Take photos of the animal, the accident scene, and any damage to your vehicle. Gather witness statements if possible.
- Notify your insurer. Inform your CTP insurer about the accident and provide any evidence they request. Be aware that insurers may challenge claims if injuries don't meet the threshold criteria.
- Consider a medical assessment. If your injury is disputed, seek an independent medical opinion to support your claim.
Time Limits and Dispute Options
CTP claims must be made within 3 years of the accident date. If you miss this deadline, you may lose your right to statutory benefits. If your claim is disputed, you can:
- Request a review from the insurer.
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT).
- File a claim with NCAT if the dispute isn't resolved.
When to Seek Legal Advice
The 2017 reforms have made it more complex to claim benefits after a wildlife strike. If your injury is disputed, or if you're unsure about your eligibility, consult a solicitor. They can help you:
- Understand whether your injury meets the threshold injury criteria.
- Navigate the 52-week benefit limit.
- Challenge an insurer's decision to deny or reduce your claim.
Final Steps
CTP claims depend on the date of the accident, the nature of the injury, and the evidence you provide. If you're unsure about your options after a wildlife strike in Armidale, complete the quick, no obligation enquiry form to request contact about your circumstances.