What Changed for Wildlife Strike Claims After the 2017 Reforms?
Since the Motor Accident Injuries Act 2017 (MAIA) came into effect on 1 December 2017, claims for injuries sustained in motor vehicle accidents involving wildlife in NSW have been governed by a new legal framework. This includes wildlife strikes that occur on roads across Greater Sydney and elsewhere in the state. The key change is that all claims now follow the MAIA, which replaced the older Motor Accidents Compensation Act 1999. Under the new scheme, eligibility for compensation and the types of benefits available depend on the nature and severity of injuries, not on fault. This means that even if a driver swerves to avoid a kangaroo or wallaby on a suburban road in Sydney, and collides with a tree or other object, the injured person may still be entitled to benefits under CTP insurance.
How the New CTP Rules Apply to Wildlife Strikes
The MAIA establishes a single, streamlined system for motor accident claims in NSW. For wildlife strikes, the law treats the event as a motor vehicle accident if it occurs on a road or road-related area, including car parks, driveways, and private roads open to public use. The CTP insurer of the vehicle involved is responsible for providing benefits, regardless of who was at fault. This includes claims for treatment and care, weekly income payments, and, where applicable, damages for pain and suffering.
A significant change from the previous system is the introduction of a threshold for claiming damages. To recover damages for non-economic loss (such as pain and suffering), a claimant must have a 'threshold injury' as defined in the MAIA. This includes injuries that result in a permanent impairment of at least 10% of the whole person, or injuries that are considered 'serious' under the Motor Accident Guidelines. For wildlife strikes, this means that minor injuries such as whiplash or soft tissue damage may not qualify for damages unless they meet the threshold criteria.
What Evidence Matters in a Wildlife Strike Claim
To support a claim, a claimant must provide evidence that the accident occurred and that injuries were sustained as a direct result. This includes:
- Medical records from a treating practitioner, including diagnosis and treatment plan
- A police report or accident report, if one was filed
- Photographs of the vehicle damage, road conditions, and any animal remains at the scene
- Witness statements, if available
- Details of any time off work and proof of reduced income
The presence of an animal at the scene, particularly a large or native species such as a kangaroo, emu, or feral pig, may be relevant to establishing the nature of the accident. However, the insurer will assess whether the driver’s actions were reasonable in avoiding the animal, and whether the resulting collision was foreseeable.
Time Limits and Procedural Requirements
A claim for benefits under the MAIA must generally be made within three years of the accident date. This applies to all motor accident claims, including wildlife strikes. Failure to make a claim within this period may result in the right to compensation being lost, unless a court grants an extension.
There is no requirement to prove fault for entitlement to treatment and care benefits, weekly income payments, or damages where the threshold is met. However, if a claimant seeks damages, the insurer may investigate whether the claimant contributed to the accident through negligence. For example, if a driver was speeding or distracted, this may affect the outcome of a damages claim.
When to Seek Legal Advice
The 2017 reforms introduced a more structured approach to CTP claims, but they also created new complexities. For example, a claimant may be entitled to treatment and care benefits and weekly payments for up to 52 weeks if their only injuries are threshold injuries. After that period, benefits may cease unless the claimant can demonstrate that the injuries have not resolved and that they continue to require care.
A hypothetical example: A cyclist in the Sutherland Shire was struck by a kangaroo while riding on a shared path adjacent to a major road. The cyclist sustained a concussion and neck strain. Medical evidence shows a 12% whole person impairment. The claimant received treatment and care benefits for 52 weeks, but continues to experience chronic pain. Because the injury exceeds the threshold and is permanent, the claimant may be eligible to claim damages for pain and suffering.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.