If you were involved in a wildlife strike accident in Auburn, NSW, preserving evidence is critical to support your Compulsory Third Party (CTP) claim. Wildlife collisions with vehicles are treated under the same CTP framework as other road accidents, but the unique circumstances of an animal strike require specific documentation. This article explains what evidence to retain, how to document the incident, and why this differs from standard motor accidents.
NSW CTP Rules for Wildlife Strikes
Under the Motor Accident Injuries Act 2017, CTP insurance covers injuries caused by motor vehicles, including collisions with wildlife. However, claims must be supported by evidence proving the accident’s circumstances. For example, if a deer struck your car, you must show the collision occurred and that the injury was caused by the animal, not another factor. SIRA guidelines emphasize that evidence must link the accident to the injury, including medical records confirming the injury’s nature and timing.
Practical Steps and Evidence to Keep
After a wildlife strike, take these steps to preserve critical evidence:
- Medical records: Document all injuries, treatments, and diagnoses. For example, if a head injury caused temporary vision loss, medical notes must show the injury’s onset and impact.
- Accident report: File a report with NSW Police or local authorities. Include details like the time, location, and type of animal involved. For instance, a collision with a kangaroo at night may require witness statements or camera footage.
- Witness statements: Obtain accounts from other drivers, pedestrians, or bystanders. A witness confirming the animal was on the road, not in a car park, can strengthen your claim.
- Photographs: Capture the accident scene, vehicle damage, and any animal remains. A photo of a deer carcass near your car can help establish the collision’s cause.
- Insurance correspondence: Keep records of all communications with your insurer, including claims forms and responses. If your insurer disputes the claim, these records will show your efforts to comply with deadlines.
Time Limits and When to Seek Advice
NSW CTP claims must be submitted within 52 weeks of the accident if the injury is a 'threshold injury' (as defined in the Motor Accident Guidelines). For more severe injuries, the 52-week limit applies to benefits like weekly payments, but you may still pursue a damages claim. If you miss the deadline, you may lose entitlements to statutory benefits. Disputes can also arise if the insurer challenges the injury’s link to the accident. Seeking advice early ensures you understand your options and meet all requirements.
Example Scenario
Consider a driver in Auburn who collided with a wallaby on a rural road. Medical records showed a fractured wrist and soft tissue injuries. The driver submitted a police report, witness statements, and photos of the wallaby’s remains. SIRA confirmed the injury met the threshold injury criteria, and the driver received weekly payments for 52 weeks. This example highlights how thorough documentation supports a successful claim.
Next Steps
CTP claims depend on the accident date, injury type, and evidence quality. If you’re unsure whether your wildlife strike qualifies for compensation, complete the quick, no obligation enquiry form to request contact about your circumstances. Every claim depends on its own facts.