Wildlife Strikes and CTP Dispute Resolution in NSW
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you were involved in a wildlife strike accident in Newcastle or the Hunter region, understanding how to resolve disputes over your CTP claim is critical. Under NSW law, the State Insurance Regulatory Authority (SIRA) administers CTP claims, including those involving collisions with animals. This guide explains how SIRA handles disputes, what evidence is needed, and when to seek legal advice.
How SIRA Handles Wildlife Strike Claims
SIRA evaluates claims based on the Motor Accident Injuries Act 2017 (MAIA) and the Motor Accident Guidelines. For wildlife strikes, the key is proving the accident involved a motor vehicle and that injuries or damage occurred. SIRA considers:
- Medical evidence: Documentation of injuries, including imaging or specialist reports.
- Accident reports: Police or witness statements confirming the collision with an animal.
- Vehicle damage: Photos or repair records showing damage from the strike.
If your claim is disputed, SIRA will typically request additional information or schedule a review. Disputes often arise over injury severity, fault attribution, or whether the incident qualifies as a 'motor accident' under the scheme.
Common Dispute Points and How to Address Them
Wildlife strike claims may face challenges on these fronts:
- Threshold injury assessment: SIRA uses the Motor Accident Guidelines to determine if injuries meet the 'threshold injury' definition. For example, a soft tissue injury with spinal nerve-root involvement may qualify, even if there's no radiculopathy.
- Fault and contributory negligence: SIRA may question if the driver was at fault or if the animal's actions contributed to the accident.
- Time limits: Claims must be submitted within 52 weeks of the accident, unless exceptional circumstances apply.
To challenge a dispute, you can request a review through SIRA's internal process or seek independent medical opinions. Note that a challenge does not guarantee a changed decision, SIRA's assessment is final unless there's new evidence.
Practical Steps for Wildlife Strike Claims
To support your claim, gather:
- Medical records: Including GP notes, specialist reports, and imaging.
- Accident details: Photos of the scene, witness statements, and police reports.
- Income records: Proof of lost wages or additional expenses.
- Insurer correspondence: Copies of all communications with SIRA or your insurer.
If your claim is denied or disputed, consider:
- Requesting a review from SIRA's internal team.
- Seeking independent medical evidence to challenge the threshold injury assessment.
- Consulting a solicitor for formal dispute resolution.
When to Seek Legal Advice
Disputes over wildlife strike claims can be complex. A solicitor can help:
- Navigate SIRA's review process.
- Challenge threshold injury assessments using the Motor Accident Guidelines.
- Explore options for dispute resolution, including mediation or formal review.
Time limits are strict, ensure you act within 52 weeks of the accident. If you're unsure about your claim's viability, seek advice promptly.
Next Steps
CTP claims involving wildlife strikes depend on the accident date, injury type, and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.