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 strike accident in NSW, time is critical. This article explains your legal rights under the Motor Accident Injuries Act 2017 (MAIA) and outlines essential steps to take after a collision with an animal. Whether you're a driver, cyclist, or pedestrian in Ashfield, understanding your obligations and options can protect your claim.
Immediate Actions After a Wildlife Strike Accident
After a wildlife strike, your first priority is safety. Move to a safe location if possible, then take these steps:
- Seek medical attention immediately, even for minor injuries. Delayed treatment can affect your claim.
- Document the accident with photos of the animal, vehicle damage, and your injuries. Note the time, location, and weather conditions.
- Report the incident to the NSW Police if there's significant damage or injury. This creates an official record.
- Notify your CTP insurer as soon as possible. Delays may affect your ability to claim benefits.
How NSW CTP Insurers Handle Wildlife Strike Claims
Wildlife strikes are treated as road accidents under the MAIA. CTP insurers must cover claims for injuries caused by collisions with animals, regardless of fault. However, claims may be denied if:
- The injury does not meet the threshold injury definition in the Motor Accident Guidelines.
- The accident occurred on private property or a car park without a valid CTP registration.
- The injured person fails to meet the 52-week time limit for weekly income payments.
Documentation Needed for Wildlife Strike Claims
To support your claim, gather:
- Medical records showing a connection between the accident and your injuries.
- Witness statements from drivers, pedestrians, or onlookers.
- Photographs of the animal, vehicle damage, and your injuries.
- Accident report from the NSW Police or a traffic camera.
- Income records if you're claiming weekly payments for lost earnings.
Time Limits and Dispute Resolution
Under the MAIA, you have 52 weeks from the accident date to claim weekly income payments or treatment benefits for threshold injuries. After this period, benefits generally stop unless you have a whole person impairment rating of 10% or more. If your claim is disputed:
- Request a review by the insurer within 28 days of receiving a decision.
- Seek independent medical advice if the insurer questions the severity of your injuries.
- Contact SIRA for guidance on dispute resolution processes.
Example Scenario
A cyclist in Ashfield collides with a deer, sustaining a soft-tissue injury. They seek medical treatment, document the accident with photos, and notify their CTP insurer within 48 hours. The insurer initially denies the claim, arguing the injury is below the threshold. The cyclist then provides a medical report confirming a spinal nerve-root injury meeting the guidelines, leading to a successful claim.
When to Seek Legal Advice
While the above steps cover most cases, complex situations may require a solicitor. Contact LegalAdvice.com.au for assistance if:
- Your injury exceeds the threshold injury definition.
- You're unsure about your claim's viability.
- The insurer refuses to pay benefits.
Time limits and procedural requirements can vary based on the accident date and circumstances. For personalized advice, complete the quick, no obligation enquiry form to discuss your situation.