Wildlife Strikes and Early Steps for Injured Road Users in NSW
If you've been injured in a wildlife strike accident in rural or remote NSW, understanding your rights under the NSW Compulsory Third Party (CTP) scheme is critical. Wildlife strikes, such as hitting a kangaroo, deer, or bird, are treated under the same CTP framework as standard motor accidents, but rural road users face unique challenges. This article explains the practical steps to take immediately after an incident, how SIRA handles these claims, and what to do if you’re unsure about your options.
How NSW CTP Rules Apply to Wildlife Strikes
The Motor Accident Injuries Act 2017 and SIRA’s CTP scheme cover all motor vehicle accidents, including those involving wildlife. If you’re injured in a wildlife strike, you may be eligible for treatment and care benefits, weekly income payments, or compensation for permanent injuries, depending on the severity of your injuries. SIRA assesses claims based on the same criteria as standard motor accidents, including medical evidence and the nature of the injury.
Key considerations include:
- Threshold injuries, If your injuries fall within the soft-tissue threshold (e.g., whiplash), you may receive treatment and care benefits for up to 52 weeks.
- Spinal nerve-root injuries, These may still qualify as soft-tissue injuries if they produce neurological signs, even without radiculopathy.
- Fault and contributory negligence, SIRA does not assign blame in CTP claims, but your ability to claim may depend on whether the accident was caused by a motor vehicle.
Practical Steps After a Wildlife Strike Accident
If you’re injured in a wildlife strike, take these steps immediately:
- Seek medical attention, Even minor injuries should be documented by a medical practitioner. Delayed treatment can affect your claim.
- Preserve evidence, Collect details of the accident, including:
- Photos of the wildlife strike scene
- Witness statements
- Police or emergency service reports
- Your vehicle’s damage and condition
- Notify your insurer, If you’re insured under a private motor policy, contact your insurer to report the incident.
- Contact SIRA, If you’re not insured, contact SIRA directly to start your claim. Rural areas may have limited access to legal or medical services, so acting quickly is essential.
Time Limits and Dispute Options
CTP claims in NSW have strict time limits. You must notify SIRA of your injury within 52 weeks of the accident. If your injuries are not threshold injuries, you may need to wait until your treatment is complete to determine if you qualify for long-term compensation. Disputes over claim eligibility or benefits are resolved through SIRA’s internal review process or the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
While SIRA handles most claims, complex cases, such as those involving permanent injuries, disputes over eligibility, or rural-specific challenges, may require legal assistance. A solicitor can help you navigate time limits, dispute benefits, or challenge decisions about your claim.
Example Scenario
A rural driver hits a kangaroo on a remote road and sustains a soft-tissue injury. They seek medical attention, document the incident, and contact SIRA within 52 weeks. SIRA assesses the claim based on medical records and determines the driver is eligible for treatment benefits. If the injury worsens and exceeds the threshold, the driver may later apply for additional compensation.
Next Steps
CTP claims depend on the specific facts of your case, including the date of the accident, the nature of your injuries, and your access to medical care. To request contact about your circumstances, complete the quick, no obligation enquiry form.