Wildlife Strikes, Immediate Actions for Injured Road Users
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're injured in a wildlife strike accident in NSW, your first priority is to seek medical attention. Wildlife collisions, whether with kangaroos, wallabies, or birds, are treated under the NSW Compulsory Third Party (CTP) scheme. While the accident may seem unusual, the legal process follows the same rules as other motor vehicle incidents. Here’s what you need to know.
How the NSW CTP Scheme Applies to Wildlife Strikes
The Motor Accident Injuries Act 2017 governs CTP claims in NSW. Under this scheme, injured road users, including drivers, passengers, cyclists, and pedestrians, may be eligible for benefits regardless of fault. Wildlife strikes are treated as motor vehicle accidents because the incident involves a vehicle and a road user.
SIRA (State Insurance Regulatory Authority) administers CTP claims. If your accident involved a wildlife strike, you may be eligible for:
- Treatment and care benefits (up to 52 weeks)
- Weekly income payments (for lost wages)
- Out-of-pocket medical expenses
- Rehabilitation support
However, benefits are limited to injuries meeting the 'threshold injury' definition in the Motor Accident Guidelines. This means your injury must be serious enough to qualify for statutory support.
Practical Steps After a Wildlife Strike Accident
- Seek immediate medical attention
Even if you feel fine, injuries from wildlife strikes can worsen over time. Document any symptoms and ensure your medical records clearly link your injuries to the accident.
- Preserve evidence of the incident
- Take photos of the accident scene, including the animal remains, vehicle damage, and any road conditions.
- Note the time, location, and weather conditions.
- Record witness details if available.
- Save any medical reports, accident reports, or correspondence with insurers.
- Notify your insurer or SIRA
Contact your insurance provider or SIRA directly to report the accident. SIRA handles claims for all NSW road users, regardless of fault.
- Avoid admitting fault
Do not make statements about who is at fault. CTP claims are based on the accident’s circumstances, not fault.
Documentation Needed for Wildlife Strike Claims
SIRA requires specific evidence to support your claim. Key documents include:
- Medical records showing your injuries and their connection to the wildlife strike.
- Accident reports from police or emergency services.
- Witness statements (if available).
- Photos of the scene and any vehicle damage.
- Income records to support weekly payment claims.
- Insurer correspondence showing your attempts to claim.
If your injury is classified as a 'threshold injury' (e.g., a broken arm or concussion), you may be eligible for benefits. However, if your injury is minor, you may not qualify for statutory support.
Time Limits and Dispute Resolution
CTP claims have strict time limits. You must notify SIRA within 52 weeks of the accident. If your injury is not a threshold injury, you may still have options, but benefits will be limited.
If your claim is denied, you can request a review. SIRA provides a formal process for disputing decisions, and you may need to provide additional evidence to support your case.
When to Seek Legal Advice
While SIRA handles most claims, complex cases, such as disputes over injury severity or overlapping workers’ compensation claims, may require legal assistance. A solicitor can help you understand your options and ensure your claim is processed correctly.
Example Scenario
Imagine a cyclist in Balmain collides with a kangaroo on a quiet road. They suffer a broken arm and seek medical treatment. By documenting the incident, preserving medical records, and notifying SIRA within 52 weeks, the cyclist may qualify for weekly payments and treatment benefits.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.