Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 wildlife animal strike accident in Albury, NSW, gathering evidence is critical to support your Compulsory Third Party (CTP) claim. Wildlife collisions with vehicles are treated under standard CTP rules, but the unique circumstances of an animal strike require specific documentation. This article explains what evidence to collect, how to apply standard CTP protocols to wildlife incidents, and when to seek legal advice.
NSW CTP Rules for Wildlife Strikes
Under the Motor Accident Injuries Act 2017, CTP claims cover injuries caused by motor vehicles, including collisions with animals. While the legal framework is the same as for other road accidents, wildlife strikes present unique challenges. For example, proving fault may require additional evidence, as the animal’s presence on the road is not always a guaranteed risk.
The New South Wales Insurance Regulatory Authority (SIRA) outlines that claimants must demonstrate a connection between the accident and the vehicle’s operation. This includes showing the animal was on the road and the driver took reasonable steps to avoid the collision. Wildlife strikes are not automatically excluded from CTP coverage, but the evidence must align with standard CTP protocols.
Practical Steps and Evidence to Collect
To support your claim, collect the following evidence:
- Photos of the scene: Capture the vehicle’s position, any animal remains, skid marks, and damage. Include the surrounding area to show road conditions.
- Witness statements: Obtain names and contact details of witnesses, such as other drivers or pedestrians who saw the incident.
- Medical records: Document injuries sustained, including any treatment received. This helps establish the link between the accident and your injuries.
- Police or wildlife reports: If the accident was reported, retain copies of any official documentation. Wildlife officers may provide records of the animal’s presence on the road.
- Vehicle and driver records: Provide details of the vehicle’s condition, speed, and any pre-accident maintenance. Driver statements about road conditions or animal sightings are also important.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury' (as defined by the Motor Accident Guidelines). For more severe injuries, the time limit extends to 10 years. If your claim is disputed, SIRA provides a process to review decisions, including mediation and formal appeals. Seek legal advice if the insurer rejects your claim or if the injury involves complex medical assessments.
When to Seek Legal Advice
Consult a solicitor if:
- The accident involved a wildlife strike with unclear fault.
- Your injuries require a detailed medical assessment.
- The insurer disputes the claim or delays processing.
- You need assistance with the 52-week statutory benefit rules.
Example Scenario
A driver in Albury hit a deer on a rural road. They took photos of the scene, noted the deer’s location, and contacted a wildlife officer. The driver also documented their injuries and sought medical attention. This evidence helped support the CTP claim, as it demonstrated the connection between the accident and the injuries.
Next Steps
CTP entitlements depend on the accident date, injury type, and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.