Wildlife Strikes and CTP Claims 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-related motor accident in New South Wales, you may be eligible for compensation through the state’s Compulsory Third Party (CTP) scheme. Wildlife strikes, such as hitting a deer, kangaroo, or bird, can cause serious injuries, and families often face additional challenges like caregiving responsibilities. Understanding your rights under NSW law is essential to ensure your claim covers all impacts.
How SIRA Handles Wildlife Strike Claims
The State Insurance Regulatory Authority (SIRA) administers NSW’s CTP scheme. Under the Motor Accident Injuries Act 2017, claims for injuries caused by wildlife strikes are treated the same as other motor accidents, provided the incident involves a motor vehicle. SIRA considers claims based on the injury’s severity, not the cause. For example, if a family member was injured while driving and required care, SIRA will assess the claim based on medical evidence and the impact on daily life.
Practical Steps for Families in Bathurst
When managing a CTP claim after a wildlife strike, families should:
- Document caregiving impacts: Track additional expenses like home modifications, transportation costs, or lost income from time off work.
- Preserve evidence: Save medical records, accident reports, and witness statements. For wildlife strikes, note the time, location, and conditions of the incident (e.g., road type, time of day).
- Notify SIRA promptly: Claims must be submitted within 52 weeks of the accident, though exceptions exist for complex cases.
Time Limits and Dispute Resolution
CTP claims in NSW have strict deadlines. Most claims must be submitted within 52 weeks of the accident, though extensions may apply if evidence is incomplete. If a family disputes a claim outcome, they can request a review through SIRA or seek legal advice to challenge decisions. For example, if a claimant’s caregiving needs were overlooked, a lawyer can argue for additional benefits.
Example: Caregiving Costs in a Wildlife Strike Claim
Consider a scenario where a parent is injured in a wildlife strike and requires 24/7 care. SIRA will assess the claim based on medical evidence, including the parent’s pre-accident income and the cost of care. Families must provide documentation to support caregiving expenses, such as receipts for hired caregivers or proof of lost wages.
When to Seek Legal Advice
While SIRA handles most claims, families may need legal assistance if:
- The claim is denied or delayed.
- Caregiving impacts are not adequately considered.
- The accident involved complex circumstances (e.g., multiple vehicles or unclear fault).
Final Steps for Families
Managing a CTP claim after a wildlife strike requires attention to both medical and financial details. Families in Bathurst should act quickly to preserve evidence and ensure their claim reflects all impacts, including caregiving responsibilities. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.