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 injured in a wildlife animal strike accident in New South Wales, you may face unique challenges in resolving your CTP claim. Wildlife strikes, such as hitting a kangaroo, deer, or bird, are covered under the NSW Compulsory Third Party (CTP) scheme, but disputes can arise over injury severity, claim validity, or benefit entitlements. This article explains how SIRA handles wildlife strike claims, outlines dispute resolution options, and highlights key differences from standard motor accidents.
How the NSW CTP Scheme Handles Wildlife Strikes
Under the Motor Accident Injuries Act 2017, wildlife strikes are treated as motor vehicle accidents if the incident occurred on a road or car park. SIRA assesses claims based on the same criteria as other CTP claims, including the type of injury, medical evidence, and the accident’s circumstances. However, wildlife strikes may require additional documentation, such as:
- Photographs of the animal or scene to establish the incident.
- Witness statements from drivers, pedestrians, or local authorities.
- Wildlife authority records (if applicable) to confirm the animal’s presence.
SIRA’s guidelines emphasize that the accident must involve a motor vehicle and result in injury or property damage. If the strike occurred off-road or involved a non-motorized vehicle, the claim may not qualify under the CTP scheme.
Practical Steps and Evidence for Wildlife Strike Claims
To support your claim, gather the following:
- Medical records showing injuries caused by the strike, including imaging or specialist reports.
- Accident reports from the NSW Police or local authorities.
- Witness details and statements from anyone who saw the incident.
- Photographs of the animal, damage to your vehicle, and the accident scene.
- Income records if you’re claiming weekly benefits for lost earnings.
If your claim is disputed, SIRA will typically request additional evidence or refer the matter to a medical review. It’s crucial to act quickly, as time limits apply to certain benefits.
Dispute Resolution Options Under SIRA
If SIRA disputes your claim or refuses to pay benefits, you have several options:
- Internal review: SIRA may reassess the claim based on new evidence or a medical opinion.
- Mediation: You can request a formal review by a medical expert or SIRA’s internal panel.
- External review: For serious disputes, you may escalate to the Personal Injury Commission (PIC) for a formal hearing.
Under the Motor Accident Injuries Act 2017, you can challenge SIRA’s decision if you believe it’s based on incorrect information or misinterpretation of the guidelines. However, a challenge does not guarantee a changed outcome, the PIC will assess whether the original decision was legally sound.
Key Differences from Standard Motor Accidents
Wildlife strike claims differ from standard CTP claims in two main ways:
- Proving the accident’s circumstances: SIRA requires clear evidence that the strike occurred on a road or car park and involved a motor vehicle. Off-road incidents or non-motorized vehicles may not qualify.
- Medical assessment thresholds: SIRA uses the Motor Accident Guidelines to determine if injuries meet the threshold for benefits. For example, a soft-tissue injury (like a bruise) may not qualify for weekly payments, but could still entitle you to treatment and care benefits.
If your claim is denied, you may need to reclassify the injury or provide additional evidence of its severity. SIRA’s guidelines state that only injuries resulting from the accident are considered, pre-existing conditions or unrelated injuries are excluded.
Example: Disputing a Wildlife Strike Claim
Consider this scenario: A driver hits a kangaroo on a rural road. SIRA initially denies the claim, arguing the kangaroo was not a ‘wildlife animal’ under the CTP scheme. The claimant challenges this by providing:
- A wildlife authority report confirming the animal’s presence.
- Witness statements from local residents.
- Medical records showing a soft-tissue injury.
SIRA then reassesses the claim, and the decision is overturned. This example highlights how evidence and legal interpretation can influence outcomes.
When to Seek Legal Advice
Disputes over wildlife strike claims can be complex, especially if SIRA refuses to pay benefits or disputes the injury’s severity. While SIRA provides internal review processes, you may need to consult a solicitor to:
- Challenge SIRA’s decision legally.
- Navigate the Personal Injury Commission’s review pathway.
- Ensure your claim meets all eligibility criteria.
If your accident occurred in Western Sydney, contact SIRA directly for location-specific guidance. Always act within time limits, for example, weekly benefits are generally limited to 52 weeks after the accident.
Next Steps
If you’re dealing with a wildlife strike claim in NSW, the key is to act quickly and provide clear evidence of the incident. Disputes can be resolved through SIRA’s internal review or external legal channels, but each step requires careful preparation. For personalized advice, complete the quick, no obligation enquiry form to request contact about your circumstances.