Wildlife strikes on NSW roads have changed under the 2017 reforms to the Compulsory Third Party (CTP) scheme. These changes affect how claims are assessed, especially for Central Coast residents. This article explains the key updates, how to claim for wildlife-related injuries, and practical steps to take after an incident.
What Changed in the 2017 CTP Reforms?
The 2017 reforms to NSW CTP claims introduced clearer rules for assessing injuries from wildlife strikes. Under the Motor Accident Injuries Act 2017, claims now depend on whether the injury meets the 'threshold injury' definition. This means injuries like whiplash or soft tissue damage must meet specific medical criteria to qualify for benefits.
SIRA (State Insurance Regulatory Authority) clarified that wildlife strikes are treated as motor vehicle accidents under the CTP scheme. However, the reforms shifted responsibility for proving injury severity from insurers to claimants. This change means injured people must provide medical evidence showing their injuries meet the threshold, such as a diagnosis of a spinal nerve-root injury with neurological signs.
Practical Steps for Wildlife Strike Claims
If you were injured in a wildlife strike, take these steps:
- Seek immediate medical attention to document injuries. A doctor’s report is essential for proving threshold injury.
- Preserve evidence of the incident, including photos of the animal, witness statements, and police reports.
- Notify your insurer or SIRA within 52 weeks of the accident. Claims for injuries below the threshold must be submitted within this timeframe.
- Keep records of income loss and medical expenses, as these may qualify for weekly benefits or treatment costs.
How SIRA Handles Wildlife Strikes
SIRA’s guidelines state that wildlife strikes are treated as motor vehicle accidents under the CTP scheme. This means:
- Fault does not affect compensation under the CTP scheme, as the scheme is no-fault.
- Threshold injuries (like soft tissue damage) are eligible for benefits, but only if they meet the medical criteria in the Motor Accident Guidelines.
- Non-threshold injuries (such as fractures or neurological damage) qualify for full benefits, including weekly payments and treatment coverage.
Time Limits and Dispute Options
Claims for injuries that do not meet the threshold injury definition are limited to 52 weeks. After this period, weekly benefits and treatment costs are generally not available. If your claim is disputed, you can:
- Request a review from SIRA by submitting additional medical evidence.
- Seek independent legal advice if you believe the insurer is not meeting its obligations under the CTP scheme.
Example: A Wildlife Strike Claim
Imagine a Central Coast driver collides with a deer on a rural road. The driver sustains a whiplash injury but no visible trauma. Under the 2017 reforms, the driver must provide a medical report confirming the injury meets the threshold definition. If the report shows a spinal nerve-root injury with neurological signs, the claim qualifies for benefits. If not, the claim may be limited to the 52-week period.
When to Seek Legal Advice
The 2017 reforms changed how claims are assessed, and the rules can be complex. If you’re unsure whether your injury qualifies, or if your claim is being denied, it’s important to seek legal advice. A solicitor can help you understand your options and ensure you meet all requirements under the CTP scheme.
Next Steps
CTP claims depend on the date of the accident, the type of injury, and the evidence you provide. If you’ve been injured in a wildlife strike on the Central Coast, take the steps outlined above and consider contacting a legal professional for guidance. Every claim depends on its own facts.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.