Immediate Steps After a Wildlife Animal Strike in NSW
If you were injured in a motor vehicle accident involving a wildlife animal in Greater Sydney, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. This applies regardless of whether the animal was struck directly or avoided by swerving, as long as the incident occurred on a road and resulted in injury or damage. The Motor Accident Injuries Act 2017 (MAIA) governs all CTP claims in NSW, including those arising from animal strikes. The first priority is to seek medical attention if you have sustained any injury, even if it seems minor at the time. Prompt treatment ensures your health is protected and provides a record of injury that supports any future claim.
Documenting the Incident and Preserving Evidence
You should immediately record details of the accident, including the date, time, location (including road name and direction), weather conditions, and whether the animal was on or near the road. Take photographs of the vehicle damage, the road surface, any skid marks, and the surrounding area. If you were not the driver, note your position in the vehicle and any impact points. If there were witnesses, collect their names and contact details. Report the incident to the police if it was a single-vehicle crash involving a large animal, as a police report may assist in verifying the event. Keep all correspondence with insurers, medical practitioners, and emergency services.
Understanding Your CTP Claim Options
Under the MAIA, you may be eligible for treatment and care benefits, weekly income payments, and, if you have a qualifying injury, damages. Treatment and care benefits cover reasonable and necessary medical, rehabilitation, and allied health services related to the accident. Weekly income payments may be available if you are unable to work due to injury. To claim damages, you must meet the threshold for a serious injury, which includes a permanent impairment of at least 10% to the whole person, or a permanent impairment of at least 15% to a specific body region. The Motor Accident Guidelines define the criteria for assessing impairment and whether an injury qualifies as serious.
Time Limits and Procedural Requirements
You must notify your insurer of the claim as soon as practicable. While there is no fixed deadline for notifying a CTP insurer, delays may affect the ability to obtain evidence or secure benefits. If you are claiming damages, you must file a claim within three years of the accident date. This is a strict time limit under the Limitation Act 1969. For claims involving only threshold injuries (such as soft tissue injuries), benefits are generally limited to 52 weeks of treatment and care, and weekly payments, unless a more serious injury is established. The 52-week limit applies only where the only injuries sustained are threshold injuries. If a more serious injury is identified, the claim may continue beyond that period.
When to Seek Independent Advice
If you are uncertain about your rights, the nature of your injury, or whether you qualify for damages, it is advisable to seek independent legal advice. The SIRA website provides information on the types of benefits available and how to make a claim, but it does not offer legal advice. A legal practitioner can help assess whether your injury meets the threshold for damages, review medical evidence, and assist with the claim process. This is particularly important if you have ongoing symptoms, a complex injury, or if the insurer disputes your claim.
Hypothetical Example
A cyclist in Sydney’s Northern Beaches was struck by a kangaroo while riding on a suburban road. The impact caused a fractured wrist and concussion. The cyclist was treated in hospital and later diagnosed with a persistent headache and neck pain. The medical records confirmed a soft tissue injury to the neck, but a neurological assessment found signs of nerve root irritation not attributable to radiculopathy. The injury was assessed as a threshold injury under the Motor Accident Guidelines, but the presence of neurological signs may allow for a claim for damages if the impairment exceeds 10%. The cyclist notified their insurer within two weeks and retained a legal practitioner to assist with the claim, including obtaining a second medical opinion on impairment.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.