Wildlife Strikes, What Changed After 2017 Reforms in NSW
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you were injured in a wildlife strike accident in New South Wales, the 2017 reforms to the Compulsory Third Party (CTP) scheme have significantly altered how claims are handled. Before 2017, wildlife strikes were treated under the old Motor Accidents Compensation Act 1999 (MACA), but the new Motor Accident Injuries Act 2017 (MAIA) introduced changes affecting claims for injuries caused by animals. This article explains the key differences between pre-2017 and post-2017 processes, how SIRA handles such claims, and practical steps for claimants.
How NSW CTP Laws Apply to Wildlife Strikes
Under the current MAIA, wildlife strikes are treated as motor vehicle accidents where the vehicle collided with an animal. The reforms shifted the focus from fault-based claims to a statutory benefits model, with SIRA (State Insurance Regulatory Authority) managing claims. Key changes include:
- Threshold injuries: Injuries requiring medical treatment, such as soft tissue injuries or spinal nerve-root damage, now fall under the 'threshold injury' definition. This affects eligibility for weekly benefits and treatment payments.
- No-fault claims: Wildlife strikes are typically no-fault claims, meaning the at-fault driver’s insurer pays compensation regardless of who caused the collision. However, this does not apply if the driver was negligent (e.g., speeding).
- SIRA guidelines: SIRA’s Motor Accident Guidelines define what constitutes a threshold injury. For example, a spinal nerve-root injury producing neurological signs (even without radiculopathy) may qualify, while radiculopathy requires specific clinical signs.
- Time limits: Claims must be submitted within 52 weeks of the accident. After this period, weekly benefits and treatment payments are generally limited unless the injury is classified as a 'whole person impairment' (WPI) of 10% or more.
Practical Steps and Evidence for Wildlife Strike Claims
To support a claim after a wildlife strike, gather the following:
- Medical records: Document injuries, treatment, and recovery. SIRA requires evidence of a 'threshold injury' to qualify for benefits.
- Accident details: Provide a report from the police, witness statements, or photos of the scene. This helps establish the accident’s circumstances.
- Income records: If you’re claiming weekly benefits, provide proof of income to calculate the payment amount.
- Insurer correspondence: Keep copies of all communications with the at-fault driver’s insurer.
If you’re unsure whether your injury qualifies, contact SIRA directly. They assess claims based on the Motor Accident Guidelines and the MAIA.
Time Limits, Disputes and When to Seek Advice
Under the MAIA, claims must be submitted within 52 weeks of the accident. After this period, benefits are limited unless the injury meets the WPI threshold. If your claim is disputed, SIRA will review it based on medical evidence and the guidelines.
If you’re unsure whether your claim falls under the new rules or if you need help navigating the process, seek advice from a solicitor specialising in CTP claims. General information cannot determine whether a claim is available in an individual case.
Next Steps
The 2017 reforms changed how wildlife strike claims are assessed in NSW. If your accident occurred before 1 December 2017, you may still be under the old MACA scheme. For accidents on or after that date, the MAIA applies. To request contact about your circumstances, complete the quick, no obligation enquiry form.