Wildlife Strikes and Changes to CTP Claims in NSW
If you were injured in a wildlife strike accident in Auburn, the 2017 reforms to NSW’s Compulsory Third Party (CTP) scheme may affect your claim. These reforms redefined how injuries are assessed, changed how benefits are calculated, and clarified SIRA’s role in evaluating claims. Understanding these changes is essential to securing the support you may be entitled to.
Key Changes to CTP Claims After 2017
The 2017 reforms introduced significant shifts in how wildlife strike claims are handled under NSW law. Most notably:
- SIRA now assesses claims using the Motor Accident Guidelines, which include specific criteria for injuries like soft tissue damage, spinal nerve-root injuries, and whole person impairment. For example, a spinal nerve-root injury producing neurological signs (even without radiculopathy) may still qualify as a threshold injury.
- Threshold injuries are limited to 52 weeks of benefits. If your injuries are classified as threshold injuries under the guidelines, weekly income payments and treatment benefits will generally stop after 52 weeks, unless further assessment shows more severe harm.
- Fault does not affect CTP claims. Unlike common law damages, CTP benefits are not dependent on proving fault. However, claims must still meet the scheme’s injury criteria.
Practical Steps After a Wildlife Strike Accident
If you were involved in a wildlife strike accident in Auburn, take these steps to support your claim:
- Seek immediate medical attention, even if injuries seem minor. Document all treatment records, as they will be critical for SIRA’s assessment.
- Preserve evidence of the accident, including:
- Police reports or witness statements
- Photographs of the scene and animal remains
- Vehicle damage reports
- Medical records showing injuries linked to the strike
- Notify your insurer or SIRA within 52 weeks of the accident. Delays may reduce your ability to claim benefits.
- Avoid admitting fault or making statements that could impact your claim.
Time Limits and Dispute Options
Under the Motor Accident Injuries Act 2017, claims must be submitted within 52 weeks of the accident. If your injuries are classified as threshold injuries, benefits will stop after this period unless further assessment shows more severe harm. If SIRA disputes your claim, you may request a review or seek independent medical advice to challenge their assessment.
When to Seek Legal Advice
The 2017 reforms introduced complex rules about injury classification and benefit limits. If your claim involves:
- Injuries that may qualify as threshold injuries
- A dispute over SIRA’s assessment
- A need to challenge a decision
you should consult a legal professional to ensure your rights are protected. General information cannot determine whether a claim is available in an individual case.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.