Dispute Resolution Options for Wildlife Animal Strikes in NSW
If you were involved in a motor vehicle accident in Greater Sydney that resulted from striking or swerving to avoid a wildlife animal, you may have rights to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. Dispute resolution options are available if your claim for injury, treatment, or financial loss is denied, reduced, or not accepted by the insurer. These options are governed by the Motor Accident Injuries Act 2017 and administered by the State Insurance Regulatory Authority (SIRA), which oversees all motor accident claims in NSW.
How SIRA Manages Claims from Wildlife Strikes
SIRA is the statutory authority responsible for processing and resolving motor accident claims in NSW, including those arising from wildlife strikes. If you were injured in a single-vehicle accident while avoiding or colliding with a kangaroo, wallaby, emu, or other animal on a public road in Greater Sydney, your claim will be assessed under the CTP framework. SIRA does not determine fault in these cases, the CTP scheme provides compensation regardless of who was at fault, as long as the accident occurred on a public road and involved a motor vehicle.
SIRA manages claims through a structured process. If your claim is rejected or you disagree with the insurer’s assessment of your injury, treatment needs, or financial loss, you may request a review. The process includes internal review by the insurer, formal dispute resolution through SIRA, and, if necessary, a review by the Personal Injury Commission (PIC). These steps are available to all claimants, including pedestrians, passengers, and drivers, regardless of whether the animal was on a road, in a car park, or on private property, provided the vehicle was being used on a public road at the time.
Key Steps When Disputing a Claim
If you believe your claim has been unfairly assessed, the following steps are essential:
- Notify the CTP insurer in writing within 6 months of the accident, or within 6 months of when you first became aware of a claimable injury, whichever is later. This is a critical deadline.
- Gather and preserve all evidence: medical records from your treating practitioner, photographs of the vehicle damage and scene, witness contact details, and any police report or incident record.
- Request a formal review from the insurer if your claim is denied or partially accepted. The insurer must respond within 28 days.
- If the insurer’s decision remains unsatisfactory, you may apply to SIRA for a review. SIRA will assess your claim against the Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017.
- For disputes about the nature or extent of your injury, you may request a medical assessment through the Personal Injury Commission. This process allows for an independent medical review if you believe the insurer’s assessment is inaccurate.
Time Limits and the Importance of Timely Action
Time limits apply to all CTP claims in NSW. You must notify the insurer of your claim within 6 months of the accident, or within 6 months of when you first became aware of a claimable injury. Failure to meet this deadline may prevent you from making a claim, unless an extension is granted by SIRA.
If you are disputing a decision, you must apply for a review within 60 days of receiving the insurer’s decision. Delays can reduce your options, particularly if medical evidence becomes outdated or witnesses are no longer available.
When to Seek Independent Advice
Disputes involving wildlife strikes often turn on the nature and timing of injuries. For example, a driver who swerves to avoid a kangaroo and sustains a whiplash injury may face a claim assessment based on whether the injury meets the threshold for damages under the Motor Accident Injuries Act 2017. The Act defines a threshold injury as one that causes permanent impairment, or a soft tissue injury with lasting symptoms. A spinal nerve-root injury that produces neurological signs other than radiculopathy may still qualify as a threshold injury, but radiculopathy requires specific clinical signs as defined in the Motor Accident Guidelines.
If your injury is not considered a threshold injury, you may still be entitled to treatment and care benefits and weekly income payments, but damages for pain and suffering are generally not available. The 52-week rule applies only if your only injuries are threshold injuries, in which case, weekly benefits and treatment and care benefits are generally limited after 52 weeks.
A hypothetical example: A cyclist in Sydney’s western suburbs was struck by a wallaby while riding on a sealed road. The cyclist sustained a neck injury and was diagnosed with a soft tissue injury. The insurer initially denied damages, citing no threshold injury. The cyclist obtained a second medical opinion confirming persistent neurological signs, and submitted it to SIRA. SIRA accepted the evidence and directed the insurer to reconsider. The claim was later approved for damages.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.