Wildlife Strikes and CTP Scheme Eligibility in NSW
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 were involved in a motor vehicle accident where your car struck a wildlife animal in rural or remote NSW, you may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. The scheme covers injuries caused by motor vehicle accidents, including those involving animals. However, eligibility depends on specific legal criteria and documentation.
Key CTP Rules for Wildlife Strikes
The NSW CTP scheme applies to all motor vehicle accidents, including collisions with wildlife, provided the accident meets the legal definition of a 'motor accident.' This includes incidents where a vehicle strikes an animal on the road, such as a deer, kangaroo, or bird. The injury must result from the accident, and the claimant must be a driver, passenger, pedestrian, or cyclist.
SIRA (State Insurance Regulatory Authority) administers CTP claims and determines eligibility based on the Motor Accident Injuries Act 2017. Wildlife strikes are treated like any other motor accident, but the following factors are critical:
- Accident location: Rural and remote areas are covered, but the vehicle must be on a road or public area. Accidents on private property may require additional analysis.
- Injury type: The injury must be a 'threshold injury' (as defined in the Motor Accident Guidelines) or higher. Minor injuries like whiplash may qualify, but the injury must meet specific clinical criteria.
- Fault and contributory fault: The claimant must have been involved in the accident, and fault is not a barrier to compensation under CTP. However, contributory fault may reduce benefits.
Documentation Needed for Wildlife Strike Claims
To support a CTP claim after a wildlife strike, you must provide:
- Medical evidence: Records showing the injury resulted from the accident, including diagnosis and treatment.
- Accident report: Police or SIRA report documenting the incident, including time, location, and vehicle details.
- Witness statements: Statements from witnesses confirming the animal strike and the accident.
- Photographs: Images of the animal, damage to the vehicle, and the accident scene.
- Income and employment records: To claim weekly benefits for lost income.
SIRA may request additional information, such as a medical report from a registered medical practitioner confirming the injury meets the 'threshold injury' definition.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident for certain benefits, such as weekly income payments. However, this timeline does not apply to all claims, including those for treatment and care benefits. Always check the exact deadlines for your situation.
If your claim is disputed, SIRA will review the evidence and may request further information. You may also seek independent legal advice to challenge a decision or negotiate a settlement.
When to Seek Legal Advice
While SIRA handles most CTP claims, complex cases, such as disputes over injury severity, contributory fault, or overlapping claims with workers' compensation, may require legal assistance. A solicitor can help you:
- Navigate SIRA's requirements.
- Challenge decisions or disputes.
- Ensure you receive all available benefits.
Example Scenario
Imagine a driver in rural NSW hits a kangaroo on a highway. The driver sustains a soft-tissue injury (e.g., whiplash) and requires medical treatment. Under the CTP scheme, the driver may claim:
- Treatment and care benefits for medical expenses.
- Weekly income payments if the injury prevents work.
- Disability benefits if the injury results in long-term impairment.
However, if the injury does not meet the 'threshold injury' criteria, benefits may be limited. SIRA will assess the injury based on the Motor Accident Guidelines.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.