If you or a family member were injured in a wildlife animal strike on NSW roads, understanding your caregiver and family support options under the NSW Compulsory Third Party (CTP) scheme is critical. Wildlife strikes are treated as motor vehicle accidents under the Motor Accident Injuries Act 2017, meaning CTP insurers must cover eligible claims. However, families must act quickly to document care needs, medical evidence, and other requirements to secure support. This article explains what caregiver-related claims are available, how to document care requirements, and how SIRA handles wildlife strike claims in Illawarra and South Coast.
What Caregiver-Related Claims Are Available for Wildlife Strikes?
Under NSW CTP laws, families can claim for care and assistance required due to an injury. This includes:
- Care and assistance payments for help with daily tasks like eating, dressing, or hygiene.
- Weekly income payments if the injured person cannot work due to the injury.
- Treatment and care benefits to cover medical expenses, therapy, or equipment.
To qualify, the injury must meet the threshold injury definition in the Motor Accident Guidelines. For example, a soft tissue injury with neurological signs (like tingling or numbness) may qualify, even if no imaging is required. If the injury is above the threshold, families may also claim for long-term care or lost income.
How to Document Care Requirements for CTP Claims
Families must provide clear evidence of the injured person’s care needs. Key documentation includes:
- Medical records showing the injury’s impact (e.g., a doctor’s note stating the person requires assistance with mobility).
- Accident details like the time, location, and circumstances of the wildlife strike.
- Witness statements or photographs of the scene (if safe to do so).
- Income records to support claims for lost wages or reduced earning capacity.
For example, if a child was injured in a wildlife strike and requires overnight care, a family should keep a diary noting the hours of assistance provided and any medical advice about the child’s limitations. This helps demonstrate the care needs to SIRA.
SIRA Resources for Illawarra and South Coast Claims
SIRA (State Insurance Regulatory Authority) administers NSW CTP claims. Families in Illawarra and South Coast should contact SIRA directly to:
- Submit claims for care and assistance.
- Request guidance on the 52-week statutory limit for threshold injuries.
- Access regional support, as SIRA has offices in Wollongong (closest to Illawarra) and other areas.
SIRA’s website provides templates for claim forms and details on what can be claimed. However, families should note that claims for injuries above the threshold may require a whole person impairment assessment to determine long-term support.
Time Limits and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident if the injury is a threshold injury. For non-threshold injuries, families have five years from the accident date to claim. However, delays can reduce the chances of securing benefits, especially if the injury worsens over time.
If a family is unsure whether their injury meets the threshold, they should seek legal advice before the 52-week deadline. SIRA may also request a medical assessment to determine eligibility.
Regional Considerations for Illawarra and South Coast
While SIRA’s national guidelines apply, families in Illawarra and South Coast may face unique challenges, such as:
- Limited access to specialist medical opinions in rural areas.
- Longer travel times to SIRA offices or medical facilities.
- Regional variations in wildlife strike frequency (e.g., koalas in the South Coast, wallabies in Illawarra).
Families should contact SIRA’s Wollongong office or use the online claim portal to avoid delays. They may also need to involve a local solicitor to navigate complex claims, especially if the injury requires long-term care.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injured person requires ongoing care or has a severe injury.
- The accident occurred more than 52 weeks ago but the injury is above the threshold.
- SIRA denies a claim or requests additional evidence.
- The family is unsure whether their injury qualifies for benefits.
A lawyer can help prepare a whole person impairment report or challenge a denial based on the Motor Accident Guidelines. However, legal advice is not required to submit a claim directly to SIRA.
Next Steps for Families
If you or a family member were injured in a wildlife strike, start by:
- Seeking immediate medical attention to document the injury.
- Contacting SIRA to submit a claim for care and assistance.
- Keeping detailed records of the injury’s impact on daily life.
- Acting within 52 weeks if the injury is a threshold injury.
Time limits and procedural requirements can vary depending on the accident date and injury type. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.