Wildlife Strikes and CTP Claims in NSW
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured in a wildlife strike accident in Bathurst, understanding what documentation matters for your NSW Compulsory Third Party (CTP) claim is critical. Wildlife collisions with vehicles are treated under the same CTP scheme as other road accidents, but specific evidence is needed to support your claim. This guide explains what records to collect, how SIRA handles such claims, and time limits to be aware of.
Key Documentation for Wildlife Strike Injuries
To support a CTP claim after a wildlife strike, you must provide evidence of your injuries and the accident. Key documents include:
- Medical records showing injuries, treatments, and recovery timelines
- Accident reports from the NSW Police or local authorities
- Witness statements from drivers, pedestrians, or bystanders
- Photographs of the accident scene, vehicle damage, and animal remains
- Vehicle inspection reports from a mechanic or insurer
- Income records to support claims for lost wages or care costs
SIRA guidelines emphasize that injuries must be directly linked to the accident. For example, if you hit a deer and later develop a soft-tissue injury, medical evidence must show a connection to the collision.
How SIRA Handles Wildlife Strike Claims
SIRA (State Insurance Regulatory Authority) administers NSW CTP claims. While wildlife strikes are not explicitly mentioned in the Motor Accident Injuries Act 2017, they are treated as road accidents under the same scheme. This means:
- Claims must be submitted within 52 weeks of the injury (s 3.11)
- Threshold injuries (e.g., whiplash) are limited to 52 weeks of benefits (s 4.4)
- Serious injuries with whole-person impairment may qualify for long-term payments
SIRA assesses claims based on the Motor Accident Guidelines, which define what constitutes a 'threshold injury.' For example, a spinal nerve-root injury with neurological signs may still qualify as a soft-tissue injury under these guidelines.
Time Limits and Dispute Resolution
You must notify your insurer within 52 weeks of the injury. If you miss this deadline, you may lose access to statutory benefits like weekly income payments. However, you can still seek compensation for permanent injuries through a common law claim.
If your claim is disputed, you can:
- Request a review from SIRA
- Seek independent medical opinions
- Consult a solicitor to explore legal options
When to Seek Legal Advice
Wildlife strike claims can be complex. A solicitor can help you:
- Navigate SIRA's assessment process
- Challenge denied claims based on medical evidence
- Explore additional compensation for long-term injuries
If your accident involved a wildlife strike and you're unsure about your next steps, contact a legal professional for tailored advice.
Next Steps
CTP claims depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.