Wildlife Strikes and the 2017 CTP Reforms in Regional NSW
A wildlife animal strike accident in New South Wales is treated under the same Compulsory Third Party (CTP) scheme as other motor vehicle accidents. However, the 2017 reforms to the Motor Accident Injuries Act 2017 introduced changes that affect how claims are assessed, particularly in regional areas. These reforms altered eligibility criteria, compensation thresholds, and procedural requirements, which may impact claimants who collided with animals on NSW roads.
Key Changes to CTP Claims After 2017
The 2017 reforms shifted the focus of CTP claims from a broad 'no-fault' system to a model that prioritises claims based on the severity of injuries. For wildlife strikes, this means:
- Threshold injuries (soft tissue injuries meeting specific medical criteria) now have stricter eligibility rules. Under the Motor Accident Injuries Act 2017 s 4.4, weekly benefits and treatment benefits are limited after 52 weeks if only threshold injuries are claimed.
- Eligibility for damages now depends on meeting the 'whole person impairment' threshold, which requires a medical report showing a measurable impact on daily life. This is distinct from the previous system where wildlife strikes were often automatically eligible for treatment benefits.
- Regional claims may face additional scrutiny due to limited access to medical specialists and longer travel times for assessments. SIRA guidelines now explicitly note that rural claimants must demonstrate 'reasonable access' to necessary services.
Practical Steps for Wildlife Strike Claimants
To ensure your claim is processed under the updated scheme, take these steps:
- Document the incident immediately: Take photographs of the animal, the damage to your vehicle, and the location. Note the time, weather conditions, and any witnesses.
- Seek medical attention within 24 hours, even for minor injuries. A doctor's report is critical for proving a threshold injury or whole person impairment.
- Notify your insurer as soon as possible. Delays may affect your ability to claim weekly benefits or treatment costs.
- Keep records of all correspondence with SIRA or your insurer, including dates and details of phone calls or emails.
Time Limits and Dispute Resolution
CTP claims must be submitted within five years of the accident, but this period may be shorter if the claimant fails to act within the 52-week limit for threshold injuries. Claims involving wildlife strikes may also face delays due to the need for specialist medical assessments.
If your claim is disputed, you can:
- Request a review through SIRA's internal dispute process.
- Seek independent medical opinion from a registered medical practitioner.
- Consult a legal professional if your claim is rejected or if you believe the insurer is not acting in good faith.
When to Seek Legal Advice
The 2017 reforms have created a more complex claims environment, particularly for rural claimants. If your wildlife strike accident involved:
- Injuries requiring specialist treatment (e.g., spinal or neurological damage)
- Longer recovery periods beyond 52 weeks
- Disputes over claim eligibility
- Unusual circumstances (e.g., hitting a rare animal species)
you should seek legal advice to ensure your rights are protected under the updated scheme.
Example Scenario
Consider a rural driver who collided with a kangaroo on a remote road. Under the old system, they might have automatically qualified for treatment benefits. Under the 2017 reforms, they must:
- Obtain a medical report confirming a threshold injury (e.g., a spinal nerve-root injury with neurological signs)
- Demonstrate that the injury affects their daily activities
- Submit a claim within five years of the accident
- Navigate potential delays in accessing specialist medical opinions
This example highlights how the reforms have made wildlife strike claims more complex, particularly in regional NSW.
Next Steps
CTP entitlements and deadlines can depend on the accident date, injury type, and regional factors. To request contact about your circumstances, complete the quick, no obligation enquiry form.