Wildlife Strikes and CTP Scheme Eligibility in NSW
If you were involved in a wildlife strike accident in New South Wales, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. This guide explains how the NSW CTP scheme applies to collisions with animals, including kangaroos, wallabies, and other wildlife, and outlines the practical steps to claim benefits.
What Counts as a Wildlife Strike Accident?
Under the Motor Accident Injuries Act 2017, a 'motor accident' includes any incident involving a motor vehicle, regardless of fault. This means collisions with animals on NSW roads are covered, provided the accident involved a motor vehicle. For example, hitting a kangaroo on a rural road or a wallaby on a car park would qualify.
The key legal test is whether the accident involved a motor vehicle. If the vehicle was stationary or moving, and the collision occurred on a road, the CTP scheme applies. However, if the accident occurred off-road or involved a non-motor vehicle (like a bicycle), eligibility may differ.
Practical Steps to Claim Wildlife Strike Benefits
To claim benefits under the CTP scheme, you must:
- Notify your insurer within 52 weeks of the accident. Delays may reduce your ability to claim weekly benefits.
- Provide evidence of the accident, including:
- Police report or accident statement
- Witness statements
- Photographs of the animal and damage
- Medical records showing injuries
- Complete a claim form through the State Insurance Regulatory Authority (SIRA) website.
If your accident occurred in a regional area, contact your local SIRA office for assistance. Regional offices may have different processing times or local guidelines.
Time Limits and Dispute Resolution
The CTP scheme has strict time limits. For weekly benefits and treatment and care benefits, you must claim within 52 weeks of the accident. If your injuries are classified as 'threshold injuries' (minor soft tissue damage), benefits typically stop after 52 weeks, even if you're still recovering.
If your claim is disputed, you can request a review by SIRA. The Motor Accident Guidelines provide medical criteria to assess injury severity, including spinal nerve-root injuries.
Example: A Regional Wildlife Strike Claim
Imagine a driver in regional NSW collides with a kangaroo on a rural road. The vehicle sustained damage, and the driver suffered a minor head injury. Under the CTP scheme, the driver could claim:
- Weekly benefits for 52 weeks
- Treatment and care benefits for medical expenses
- Income replacement if the injury caused time off work
However, if the injury was classified as a 'threshold injury' (e.g., a minor bruise), the weekly benefits would stop after 52 weeks, even if the injury wasn't fully resolved.
When to Seek Legal Advice
While the CTP scheme provides a clear pathway for wildlife strike claims, disputes can arise over injury classification, time limits, or benefit amounts. A legal professional can help you:
- Challenge a decision to stop benefits
- Navigate complex medical assessments
- Ensure your claim meets all legal requirements
If your accident date is before 2023, check whether the current CTP scheme applies. Changes to the scheme in 2023 may affect your eligibility.
Next Steps
If you're unsure whether your wildlife strike accident qualifies for CTP benefits, contact the State Insurance Regulatory Authority (SIRA) directly. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.