How Wildlife Strike Accidents Are Handled in NSW CTP Claims
A motor vehicle accident involving a wildlife animal, such as a kangaroo, wallaby or emu, on a road in Greater Sydney is treated under the same legal framework as any other motor accident in New South Wales. The Compulsory Third Party (CTP) insurance scheme, governed by the Motor Accident Injuries Act 2017 (MAIA), provides compensation for personal injuries sustained in such incidents, regardless of whether the animal was struck or avoided. The focus is on the injury, not the cause of the collision. This means that if you were injured while swerving to avoid a kangaroo on the M4 Motorway or were struck by a wallaby on a suburban road in Sydney, you may be eligible for CTP benefits.
The CTP scheme does not require proof of fault for access to basic benefits. However, to claim damages for pain and suffering or loss of income, you must meet the threshold for a serious injury under the MAIA. This threshold is not automatically met by a wildlife strike, even if the impact was severe. The injury must be assessed by an independent medical practitioner and confirmed as a threshold injury under the Motor Accident Guidelines.
Evidence Required to Prove Daily Activity Limitations
To claim compensation for injuries affecting daily activities after a wildlife strike, you must provide evidence that your capacity to perform routine tasks has been reduced. This includes work, household duties, social participation, and personal care. The most critical evidence is a medical assessment conducted by a qualified medical practitioner, which must detail:
- The nature and extent of your injuries, including any soft tissue injury, concussion, or musculoskeletal trauma
- How the injury limits your ability to perform daily activities, such as driving, lifting, standing for long periods, or managing household tasks
- A prognosis for recovery, including any ongoing or permanent functional limitations
Photographs of the vehicle damage, a police report (if one was filed), and a statement from a witness who observed the incident can also support your claim. If you were treated by a medical practitioner within 28 days of the accident, that record is essential. The insurer may request a report from your treating doctor to assess your functional capacity.
How SIRA Assesses Compensation for Wildlife-Related Injuries
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW and uses the Motor Accident Guidelines to determine eligibility for benefits and damages. These guidelines define a threshold injury as one that causes a permanent impairment of at least 10% of the whole person, or a permanent loss of function that significantly impacts daily life.
For wildlife strikes, the assessment is not based on whether the animal was on the road or whether the driver was distracted. Instead, SIRA evaluates whether the injury meets the threshold criteria, regardless of the cause. For example, a driver who suffered a herniated disc after swerving to avoid a kangaroo on the Pacific Highway in Sydney may be assessed for whole person impairment. If the impairment is confirmed at 10% or more, and the injury is not solely a soft tissue injury, the claim may proceed to damages.
SIRA does not treat wildlife strikes as a separate category for compensation. The same rules apply as for any motor accident: benefits are paid based on the severity and duration of the injury, and damages are only available if the threshold is met. The impact on daily activities is assessed using standard functional capacity tools, not the nature of the incident.
Time Limits and Procedural Requirements for Claims
There is a strict time limit to make a claim for compensation after a wildlife strike in NSW. You must notify your insurer or the CTP insurer within 6 months of the accident. This is a mandatory deadline under the Motor Accident Injuries Act 2017. Failing to meet this deadline may result in your claim being denied, even if the injury is serious.
If you have not yet received treatment, you must begin medical assessment within 28 days of the accident to preserve your eligibility for treatment and care benefits. Delaying treatment may affect the insurer’s ability to assess your claim and could result in a reduction of benefits.
If you are still recovering and unable to return to work, you may be eligible for weekly income payments. These are paid from the CTP insurer and are not dependent on fault. However, to qualify, you must provide evidence of income loss and medical confirmation of your inability to work.
When to Seek Independent Legal Advice
A wildlife strike can result in complex medical and legal issues, particularly if the injury affects your ability to return to work or manage daily life. If your claim is denied, or if the insurer disputes your level of impairment, you may need to apply for a review or seek a second medical opinion. In some cases, a claim for damages may be considered if your injury meets the threshold and you have sustained a permanent loss of function.
A hypothetical example: A Sydney-based teacher was injured in a single-vehicle crash on the M2 when a large kangaroo jumped onto the road near the Hills Motorway. She sustained a whiplash injury and a minor concussion. After six months, she was still unable to drive, teach, or perform household tasks without pain. Her medical report confirmed a 12% whole person impairment. Because her injury met the threshold, she was able to claim damages for pain and suffering and loss of income.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.