If you were injured in a wildlife animal strike in NSW, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. Wildlife collisions are treated like any motor accident under NSW law, but recovery timelines and claim processes depend on the nature of your injuries. This article explains how CTP claims work after wildlife strikes, what evidence to gather, and how SIRA assesses your ability to return to daily activities in Albury.
How Wildlife Strikes Are Handled Under NSW CTP Law
NSW CTP insurance covers injuries caused by motor vehicles, including collisions with wildlife. The Motor Accident Injuries Act 2017 governs claims, and the key distinction is whether your injuries meet the 'threshold injury' criteria. Threshold injuries include soft tissue damage, fractures, and minor neurological issues. If your injuries fall within this category, you may receive weekly income payments and treatment benefits. However, if your injuries exceed threshold levels, you may also be eligible for compensation for pain, suffering, and loss of enjoyment.
Wildlife strikes are treated as single-vehicle accidents, so fault does not affect CTP entitlements. However, if your claim involves a dispute over the injury's severity or the need for rehabilitation, you may need to provide medical evidence to support your case. The NSW Civil and Administrative Tribunal (NCAT) can review disputes about whether your injuries meet the threshold or require additional compensation.
Evidence to Support a Wildlife Strike CTP Claim
To build a strong CTP claim after a wildlife collision, you should gather the following evidence:
- Medical records: Document all injuries, treatments, and rehabilitation plans. SIRA will assess whether your injuries align with threshold criteria or require additional compensation.
- Accident report: Obtain a police report or witness statement to confirm the incident. This helps establish the circumstances of the collision.
- Photographs: Take pictures of the wildlife strike scene, vehicle damage, and any visible injuries. This can support claims about the severity of the collision.
- Daily activity records: Track your ability to perform routine tasks, such as walking, cooking, or working. SIRA uses this to determine whether you meet the 'returning to daily activities' criteria.
- Income and expenses: Provide evidence of lost wages or additional costs related to your recovery, such as medical bills or transportation to appointments.
A hypothetical example: Sarah was injured when her car collided with a kangaroo on a rural road near Albury. Her medical records showed soft tissue injuries and a minor fracture, which SIRA classified as a threshold injury. She received weekly income payments for 52 weeks and treatment benefits to support her recovery. After 52 weeks, she was able to return to work with reduced hours, but her claim was reviewed by NCAT to determine if she was entitled to additional compensation for long-term effects.
Time Limits, Disputes, and When to Seek Advice
CTP claims must be made within a specific timeframe. If your injuries are limited to threshold injuries, you may only receive benefits for 52 weeks. After this period, you may need to pursue a separate claim for non-threshold injuries through the NSW Civil and Administrative Tribunal (NCAT). If your claim is disputed, SIRA will review it based on medical evidence and the Motor Accident Guidelines.
It is important to seek legal advice if you believe your injuries exceed threshold levels, if there is a dispute over the severity of your injuries, or if you need assistance navigating the SIRA claims process. A solicitor can help you understand your options and ensure your claim is processed correctly.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.