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 on NSW roads, understanding your rights under the Compulsory Third Party (CTP) scheme is critical. Wildlife collisions, such as hitting a deer, kangaroo, or bird, are covered under NSW's CTP framework, but the process differs from standard motor accidents. This article explains the immediate steps to take, how the CTP scheme handles wildlife strike claims, and the evidence required to support your case. Time limits and dispute options are also outlined to help you act confidently.
Immediate Steps After a Wildlife Strike Accident
After a wildlife strike, prioritize your safety and document the incident. First, move to a safe location if possible and check for injuries. Seek medical attention immediately, even if injuries seem minor. Delayed symptoms like whiplash or internal injuries can develop later. Next, secure the scene: take photos of the animal, damage to your vehicle, and the location. Note the time, weather, and road conditions. If other vehicles are involved, ensure they’re aware of the incident.
Contact the police if the accident involves significant damage or injury. While not mandatory for wildlife strikes, a police report can strengthen your claim by confirming the incident occurred. Also, notify your insurer or the at-fault driver’s insurer under the CTP scheme. SIRA (State Insurance Regulatory Authority) oversees CTP claims in NSW, so ensure you follow their reporting procedures.
How the NSW CTP Scheme Handles Wildlife Strike Claims
Wildlife strikes are treated as motor accidents under the Motor Accident Injuries Act 2017. If you’re a driver, passenger, or pedestrian injured in a wildlife strike, you may be eligible for benefits through the CTP scheme. This includes treatment and care benefits, weekly income payments, and compensation for permanent impairments. However, the scheme does not cover claims for non-physical injuries like stress or anxiety unless they are directly linked to a physical injury.
The key distinction is that wildlife strikes are considered ‘accidents’ under the CTP framework, even if no other vehicle was involved. This means you can claim for injuries caused by the collision, provided you meet the scheme’s eligibility criteria. For example, if you suffered a soft-tissue injury (like a sprain) or a threshold injury (as defined by the Motor Accident Guidelines), you may qualify for benefits. However, the scheme does not cover claims for contributory fault or where the injured person’s actions contributed to the accident.
Evidence Required for Wildlife Strike Claims
To support your claim, gather and preserve the following evidence:
- Medical records: Document all injuries, treatments, and medical opinions. This includes scans, specialist reports, and records of ongoing therapy.
- Accident reports: Obtain a police report if available, as it provides an official account of the incident.
- Witness statements: If anyone saw the wildlife strike, their account can help establish the circumstances.
- Photographs: Capture the animal, vehicle damage, and the accident scene. Avoid editing images, as they may be scrutinized during disputes.
- Income records: If you’re claiming weekly payments, provide proof of your usual earnings and any lost income.
- Insurer correspondence: Keep copies of all communications with your insurer or the at-fault driver’s insurer.
Time Limits and Dispute Options
CTP claims must be made within 52 weeks of the accident if you’re seeking weekly income payments or treatment benefits. However, claims for permanent impairments or lifetime care can be made at any time, provided they are reported within the 52-week window. If your claim is disputed, you may need to request a review by SIRA or seek independent medical opinions to challenge the assessment.
If the insurer denies your claim, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a review. This process allows you to present new evidence or challenge the insurer’s valuation of your injuries. It’s important to act quickly, as delays can jeopardize your ability to claim benefits.
When to Seek Legal Advice
While the CTP scheme provides a clear pathway for many wildlife strike claims, some cases require legal assistance. For example, if the accident involved multiple parties, or if the insurer is disputing the extent of your injuries, a solicitor can help you navigate the process. Legal advice is also recommended if you believe the insurer has acted unfairly or if you’re facing a dispute over the value of your claim.
Example Scenario
Consider a driver who hits a kangaroo on a rural road. The driver sustains a whiplash injury and requires physiotherapy. Under the CTP scheme, the driver can claim treatment benefits and weekly payments for the first 52 weeks. If the injury results in a permanent impairment (e.g., chronic pain), the driver may also claim compensation for the long-term impact on their quality of life. However, if the driver’s own actions (like speeding) contributed to the accident, the claim may be reduced under the contributory fault rules.
Next Steps
CTP entitlements depend on the date of the accident, the nature of the injury, and the evidence you provide. If you’re unsure whether your claim qualifies, or if you need help gathering evidence, it’s important to seek guidance. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.