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).
Wildlife strikes on NSW roads have changed under the 2017 Compulsory Third Party (CTP) reforms. These changes affect claims for injuries caused by collisions with animals, particularly in rural and remote areas where access to services is limited. This article explains how the reforms altered the claims process, how SIRA handles these cases, and practical steps for claimants.
What Changed in 2017 Reforms for Wildlife Strikes
The 2017 reforms shifted NSW CTP claims from a fault-based system to a no-fault model. This means drivers, passengers, and pedestrians injured in wildlife strikes can claim compensation regardless of who is at fault. Key changes include:
- Expanded eligibility: Claims now cover injuries from collisions with animals, including kangaroos, wallabies, and birds.
- Simplified claims process: SIRA (State Insurance Regulatory Authority) handles claims directly, reducing the need for legal representation in many cases.
- Focus on injuries: Compensation is based on the severity of injuries, not fault. This is critical for wildlife strikes where determining fault can be complex.
How SIRA Handles Wildlife Strike Claims
SIRA evaluates claims by assessing the nature of injuries and their connection to the accident. For wildlife strikes, claimants must:
- Document the incident: Provide details of the collision, including time, location, and type of animal involved.
- Seek medical attention: Medical records are essential to prove injuries, especially if they fall under the 'threshold injury' definition (e.g., soft tissue injuries meeting specific clinical criteria).
- Report to SIRA: Claims must be submitted within 52 weeks of the accident, though extensions may apply for valid reasons.
Practical Challenges in Rural and Remote Areas
Claimants in rural NSW face unique hurdles, such as limited access to medical facilities or witnesses. For example, a farmer hit by a kangaroo in a remote area may struggle to obtain timely medical records or witness statements. SIRA acknowledges these challenges and may adjust deadlines or evidence requirements on a case-by-case basis.
Time Limits and Dispute Options
Claims must generally be submitted within 52 weeks of the accident. However, the 2017 reforms allow for extensions if claimants can demonstrate valid reasons for delays, such as:
- Inability to access medical care
- Loss of records due to natural disasters
- Other exceptional circumstances
If a claim is disputed, claimants can request a review by SIRA or seek independent legal advice. However, disputes over 'threshold injuries' or 'no-fault' claims often require detailed medical evidence and may take longer to resolve.
Example: A Rural Wildlife Strike Claim
Consider a scenario where a motorist collides with a wallaby on a remote highway. The driver sustains a soft-tissue injury requiring medical treatment. Under the 2017 reforms, the claimant:
- Documents the incident with a police report and photographs.
- Seeks medical attention and obtains records confirming the injury.
- Submits a claim to SIRA within 52 weeks, highlighting the wildlife strike.
- May request an extension if medical records were delayed due to a lack of local facilities.
When to Seek Legal Advice
While SIRA handles most claims, complex cases, such as disputes over injury severity or eligibility, may require legal assistance. A solicitor can help navigate:
- Determining whether injuries meet 'threshold injury' criteria
- Contesting decisions to limit benefits after 52 weeks
- Ensuring all evidence is properly submitted
Next Steps
The 2017 reforms have streamlined CTP claims for wildlife strikes, but the process remains nuanced. Claimants should act promptly, gather evidence, and seek guidance if their case involves unique circumstances. For tailored advice, complete the quick, no obligation enquiry form to request contact about your circumstances.