A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
Wildlife strikes on NSW roads can lead to injuries requiring long-term care, creating unique challenges for families and caregivers. Under the NSW Compulsory Third Party (CTP) scheme, families may claim compensation for caregiving responsibilities, medical expenses, and lost income. This article explains how wildlife-related accidents are handled under the Motor Accident Injuries Act 2017 (MAIA), what evidence matters, and when families should seek legal advice.
How Wildlife Strikes Affect CTP Claims
A wildlife strike occurs when an animal collides with a vehicle, often causing soft-tissue injuries or more severe harm. Under the MAIA, claims are based on the accident’s circumstances, not fault. If the injury meets the 'threshold injury' definition in the Motor Accident Guidelines, families may claim weekly payments for caregiving. For example, a passenger injured in a wildlife strike may require a family member to take time off work to care for them, making the caregiver eligible for compensation.
Compensation for Caregivers and Families
Families caring for injured claimants may claim:
- Weekly income payments for the caregiver’s lost earnings
- Lump sum compensation for long-term caregiving needs
- Medical and treatment costs related to the injury
SIRA (State Insurance Regulatory Authority) outlines that caregivers must demonstrate a direct link between their role and the injury. For instance, if a child is injured in a wildlife strike and requires 24/7 care, the family’s financial impact and caregiving efforts must be documented.
Practical Steps for Families
- Document caregiving hours and how the injury impacts daily life
- Keep medical records showing the injury’s severity and treatment
- Preserve accident details like witness statements, photos, and police reports
- Notify your insurer within 52 weeks of the accident to claim weekly payments
Time Limits and Dispute Resolution
Families must submit claims within 52 weeks of the accident if seeking weekly income payments. After this period, benefits are generally limited unless the injury meets whole-person impairment thresholds. Disputes over caregiver claims should be resolved through SIRA’s review process, not the courts.
When to Seek Legal Advice
Families should consult a solicitor if:
- The injury requires long-term care
- The insurer denies claims without explanation
- There are disputes over compensation amounts
Legal advice ensures families understand their rights under the MAIA and how to navigate SIRA’s requirements. Every claim depends on its own facts, including 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.