Motor vehicle accidents involving wildlife in New South Wales can result in serious injury, emotional distress, and significant disruption for caregivers and family members. For those in Greater Sydney, understanding how the Compulsory Third Party (CTP) insurance scheme applies to such incidents is essential. This article explains the legal framework, practical steps, and support considerations for families affected by wildlife strikes, focusing on CTP claims under the Motor Accident Injuries Act 2017.
The CTP scheme in NSW provides financial support for people injured in motor vehicle accidents, regardless of fault. This includes incidents where a driver swerves to avoid a kangaroo, wallaby, or other animal on a road, resulting in a single-vehicle crash. The scheme covers medical treatment, income replacement, and care needs, including for family members who become caregivers. However, the extent of support depends on the nature and severity of injuries, and whether the claim meets the threshold for damages.
A key consideration for caregivers and families is that the CTP scheme assesses needs based on the injury and its impact on daily life. If a family member is injured and requires ongoing care, the claim may include a care benefit. This is assessed by the State Insurance Regulatory Authority (SIRA), which determines the level of care required and the appropriate support. For example, if a child is injured in a wildlife strike and cannot walk independently, the claim may include a care benefit for assistance with mobility, personal care, or supervision.
SIRA also considers the impact on the family when assessing claims. While the CTP scheme does not provide direct compensation for family members who are not injured, it does recognise that injury to a primary caregiver can affect the family’s ability to manage daily tasks. In such cases, the claim may include a care benefit for the injured person, which can help cover the cost of replacement care. The family’s role in providing care may be documented as part of the claim, particularly if the injured person is a child or a dependent adult.
Practical steps following a wildlife strike include seeking immediate medical attention, reporting the incident to the police if there was a collision, and notifying the CTP insurer. It is important to preserve evidence such as photographs of the vehicle damage, the animal’s location, and any witness statements. Medical records, including assessments of injury severity and functional limitations, are critical to establishing eligibility for benefits. For caregivers, keeping a record of time spent assisting with daily tasks, such as bathing, dressing, or transporting the injured person to appointments, may support a claim for care benefits.
Time limits apply. A claim must generally be made within three years of the accident date. However, if the injury is not immediately apparent, the three-year period starts from when the injury was first discovered or should have been discovered. For example, if a driver experiences back pain weeks after a wildlife strike, the clock starts from the date of diagnosis, not the accident date.
SIRA provides guidance on making a claim, including how to apply for treatment and care benefits, weekly income payments, and damages. The Motor Accident Injuries Regulation 2017 and the Motor Accident Injuries Act 2017 set out the legal framework. For claims involving only threshold injuries (such as soft tissue injuries), benefits are generally limited after 52 weeks, unless the injury causes a permanent impairment. A spinal nerve-root injury may still qualify as a threshold injury if it produces neurological signs other than radiculopathy, as defined in the Motor Accident Guidelines.
Families in Greater Sydney may access support services through SIRA’s network of service providers, including rehabilitation professionals, mental health counsellors, and family support coordinators. These services are not part of the CTP claim but may be referred to as part of a holistic recovery plan. For example, a family may be referred to a counsellor if a child develops anxiety after a wildlife strike, even if no physical injury is diagnosed.
A hypothetical example: A mother in Sydney’s western suburbs was driving when a large kangaroo jumped onto the road. She swerved to avoid it, lost control, and crashed into a barrier. She sustained a whiplash injury and was unable to care for her young child for several weeks. The child, who had no injury, required additional supervision. The mother’s claim included treatment and care benefits, and SIRA assessed that her injury limited her ability to perform daily tasks. As a result, a care benefit was approved to cover the cost of temporary childcare, which was not part of the original claim but was accepted as a reasonable support measure.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.