Are wildlife strikes covered under the NSW CTP scheme?
Yes, collisions with wildlife animals such as kangaroos, wallabies, emus or other native animals on roads in Greater Sydney and elsewhere in New South Wales are generally covered under the Compulsory Third Party (CTP) insurance scheme. This includes single-vehicle accidents where a driver swerves to avoid an animal and crashes, or where a vehicle strikes an animal directly. The Motor Accident Injuries Act 2017 (MAIA) governs all CTP claims in NSW, including those arising from animal strikes. The scheme provides compensation for personal injury, medical treatment, and financial loss resulting from such incidents, regardless of who was at fault.
What must be established to claim under the CTP scheme?
To make a valid claim for a wildlife strike, the injured person must show that:
- The incident occurred on a public road or road-related area in NSW.
- The injury or damage occurred as a direct result of the motor vehicle accident involving the animal.
- The injury or damage was not caused by a pre-existing condition or unrelated event.
The claim is not dependent on proving fault. CTP insurance covers all drivers, passengers, pedestrians, cyclists, and motorcyclists involved in a motor accident on a NSW road, including those struck by animals.
What evidence supports a claim for a wildlife strike?
The following evidence is typically required to support a claim:
- A police report, if one was filed at the scene or later.
- Photographs of the vehicle damage, the animal at the scene (if visible), and the surrounding road conditions.
- Medical records from a doctor or specialist detailing the nature and cause of injuries.
- A statement from a witness, if available, describing the animal strike and the events leading up to the crash.
- A record of any emergency services response, including ambulance or fire service attendance.
SIRA (the State Insurance Regulatory Authority) assesses claims based on the evidence provided. It is important to preserve all documentation and avoid altering or deleting any records related to the accident.
How does SIRA assess claims involving wildlife strikes?
SIRA is responsible for administering the CTP scheme in NSW. When a claim is made, SIRA reviews the evidence to determine:
- Whether the incident qualifies as a motor accident under the MAIA.
- Whether the injury is a result of the accident and not a pre-existing condition.
- Whether the claimant is entitled to treatment and care benefits, weekly income payments, or damages.
SIRA uses the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines to assess the severity and impact of injuries. For example, if a driver suffers a whiplash injury after swerving to avoid a kangaroo, SIRA will assess whether the injury meets the threshold for damages under the MAIA.
What are the time limits for reporting a wildlife strike claim?
There is no fixed deadline for reporting a motor accident to the CTP insurer, but it is essential to notify the insurer as soon as possible. Delays may affect the ability to obtain evidence or support a claim.
The claim must be made within three years of the accident date to be eligible for damages. This is a statutory time limit under the MAIA. For claims involving only treatment and care benefits or weekly income payments, the time limit is generally longer, but prompt reporting is still critical.
What if the animal strike happened on private property or a car park?
A motor accident involving a wildlife strike on private property or in a car park may still be covered under the CTP scheme if the property is accessible to the public or if the vehicle was being used in a way that constitutes a motor accident under the MAIA. For example, if a driver strikes a wallaby while turning into a shopping centre car park, and the car park is open to the public, the incident may still qualify.
However, if the vehicle was not in motion on a public road or road-related area, or if the animal was on private land and not crossing a road, the claim may not be eligible. Each case is assessed on its own facts, and legal advice may be needed to determine whether the incident occurred in a context that triggers CTP coverage.
What if the injury is not severe?
If the injury is minor and does not meet the threshold for damages under the MAIA, the claimant may still be entitled to:
- Treatment and care benefits to cover medical and rehabilitation costs.
- Weekly income payments if the injury prevents return to work.
These benefits are generally limited to 52 weeks if the only injuries resulting from the accident are threshold injuries (such as soft tissue injuries). This means that if a person’s only injuries are from a soft tissue impact, payments may end after 52 weeks, unless the injury is assessed as a permanent impairment.
What if there is a dispute about the claim?
If the insurer denies a claim or disputes the amount of compensation, the claimant may request a review by SIRA. If the review is not resolved, the claimant may apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. The process is formal and may require legal representation.
Hypothetical example
A driver in Sydney’s western suburbs swerves to avoid a kangaroo on the M4 motorway, loses control, and crashes into a barrier. The driver suffers neck and back pain, and is treated by a physiotherapist and a specialist. The driver reports the accident to the CTP insurer within two weeks, provides a police report, medical records, and photos of the vehicle damage. SIRA assesses the claim and confirms coverage under the CTP scheme. The driver receives treatment and care benefits and weekly income payments for 40 weeks. After 52 weeks, the claim for weekly payments ends because the injury is classified as a threshold injury with no permanent impairment.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.