Wildlife Strikes and NSW CTP Claims
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've been injured in a wildlife collision on NSW roads, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. Wildlife strikes, such as hitting a kangaroo, deer, or bird, are treated like any other motor vehicle accident under NSW CTP laws. However, documenting injuries and evidence after a wildlife strike requires specific steps to ensure your claim meets SIRA’s requirements.
Key CTP Rules for Wildlife Collisions
NSW CTP insurance covers injuries caused by motor vehicles, including collisions with animals. The Motor Accident Injuries Act 2017 and SIRA guidelines apply, even when the accident involves wildlife. Unlike standard motor accidents, wildlife strikes often lack witnesses or clear accident reports, making thorough documentation critical. SIRA advises injured parties to:
- Report the incident to the relevant insurer within 28 days (per SIRA’s
- Making a Motor Accident Claim* guidelines)
- Provide evidence of the injury’s connection to the wildlife strike
- Avoid delays in seeking medical attention
Essential Documentation Checklist
To support your CTP claim after a wildlife collision, gather the following:
- Medical records: Document all injuries, treatments, and diagnoses. This includes GP notes, specialist reports, and imaging results. SIRA requires evidence of a “threshold injury” (as defined in the Motor Accident Guidelines) to qualify for benefits.
- Accident details: Record the time, location, and circumstances of the collision. If possible, note the type of animal involved (e.g., kangaroo, deer) and any vehicle damage.
- Witness statements: If you have witnesses, obtain their contact details and a written account of the incident.
- Photographs: Take clear images of the injury site, the animal’s remains (if visible), and any vehicle damage. Avoid using social media to share evidence unless advised by a solicitor.
- Insurance correspondence: Keep copies of all communications with the at-fault driver’s insurer, including claims forms and responses.
- Income records: If you’ve lost wages due to injury, provide payslips or employer statements.
Example Scenario: Documenting a Kangaroo Collision
Imagine a cyclist in Western Sydney is struck by a kangaroo while riding near a rural road. They should:
- Seek immediate medical attention to document soft-tissue injuries (e.g., bruising, lacerations) or neurological symptoms.
- Report the incident to the kangaroo’s owner (if applicable) and the relevant wildlife authority.
- File a claim with the at-fault driver’s insurer within 28 days, attaching medical records and a police report (if available).
- Avoid social media posts unless they’re part of a legal strategy.
Time Limits and Dispute Resolution
NSW CTP claims must be submitted within 28 days of the accident, per SIRA’s guidelines. If you miss this deadline, you may lose entitlement to statutory benefits like weekly payments or treatment benefits. However, you can still pursue a common law damages claim if the injury meets the “threshold injury” criteria.
If your claim is disputed, SIRA’s dispute resolution process applies. You may need to provide additional evidence, such as expert medical opinions or accident reconstruction reports. In complex cases, consulting a solicitor early can help navigate these steps.
When to Seek Legal Advice
Contact a solicitor if:
- Your injury involves a spinal nerve-root injury (as defined in the Motor Accident Guidelines)
- You’re unsure whether your injury qualifies as a “threshold injury”
- The at-fault driver’s insurer is disputing your claim
- You need assistance with the 28-day reporting deadline
SIRA’s contact page provides resources for further assistance, but legal advice ensures your rights are protected under the Motor Accident Injuries Act 2017.
Next Steps
CTP claims after wildlife collisions depend on the accident date, injury type, and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.