If you were injured in a wildlife animal strike accident in New South Wales, documenting your injuries is critical to support a CTP claim. Wildlife strikes, such as hitting a kangaroo, wallaby, or bird on the road, are treated under the same CTP rules as other motor accidents, but specific documentation is required to prove injuries. This guide explains what evidence matters, how SIRA’s guidelines apply, and how to prepare for claims under the Motor Accident Injuries Act 2017.
What Documentation is Required for Wildlife Strike Injuries?
To claim compensation for injuries from a wildlife strike, you must provide evidence that your injuries were caused by the accident. Key documentation includes:
- Medical records: Detailed reports from doctors, specialists, or physiotherapists confirming your injuries and their connection to the wildlife strike. This includes imaging (X-rays, MRIs) and treatment records.
- Accident report: A written account of the incident, including the time, location, and circumstances. If you were a pedestrian or cyclist, note where you were struck and how the animal was positioned.
- Witness statements: Statements from people who saw the incident, including the type of animal involved. Witnesses can confirm the animal’s size, movement, and whether the strike occurred.
- Photographic evidence: Photos of the animal remains, vehicle damage, and the accident scene. Avoid using phone cameras for medical injuries, use professional equipment where possible.
- Vehicle inspection: Document any damage to your car, including dents, broken lights, or windscreen cracks. A mechanic’s report can help establish the impact force.
- Income and employment records: If you missed work due to injuries, provide payslips or employer statements to support claims for lost wages.
How SIRA’s Guidelines Apply to Wildlife Strikes
SIRA (State Insurance Regulatory Authority) oversees CTP claims in NSW. Their guidelines emphasize that injuries must be directly linked to the accident. For wildlife strikes, SIRA requires:
- Specificity about the animal: Describe the type of animal (e.g., kangaroo, bird) and its size. Larger animals like wallabies can cause more severe injuries than smaller ones.
- Neurological evidence: For soft-tissue injuries (threshold injuries), SIRA requires clinical signs like neurological symptoms or spinal nerve-root damage. Radiculopathy (nerve root irritation) must meet specific criteria under the Motor Accident Guidelines.
- No assumption of fault: CTP claims do not depend on who was at fault. However, the accident must have occurred on a public road or within a car park, and the vehicle must have been in use.
Key Differences in Documenting Wildlife Strike Injuries
Unlike standard CTP claims, wildlife strikes require additional steps to prove the injury’s origin. For example:
- Animal remains: If the animal was not fully consumed, preserve the remains for inspection. SIRA may request a wildlife expert to confirm the species and size.
- Environmental factors: Note weather conditions, road lighting, and time of day. Poor visibility can affect the likelihood of a strike.
- Vehicle type: SIRA distinguishes between cars, motorcycles, and pedestrians. For example, a cyclist hit by a bird may need to show how the impact occurred.
Example: Documenting a Kangaroo Strike
Imagine a driver struck by a kangaroo at night. The driver sustains a soft-tissue injury requiring physiotherapy. To support a claim:
- The driver obtains a medical report confirming the injury’s connection to the strike.
- A witness confirms the kangaroo was on the road and the strike occurred.
- Photos of the kangaroo’s remains and vehicle damage are submitted.
- The driver provides a police report and a statement from the wildlife officer who identified the animal.
Time Limits and Dispute Resolution
CTP claims must be submitted within three years of the accident. If you dispute the insurer’s assessment of your injuries, you can:
- Request a review from SIRA.
- Seek independent medical opinions.
- Apply for a review by the NSW Civil and Administrative Tribunal (NCAT) if the insurer refuses to pay.
When to Seek Legal Advice
Consult a solicitor if:
- Your injuries are severe and require long-term treatment.
- The insurer disputes the link between the wildlife strike and your injuries.
- You need help navigating SIRA’s claims process.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.