Wildlife Strikes, What Evidence Matters in NSW
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).
If you were involved in a wildlife strike accident in regional NSW, understanding what evidence to preserve is critical. Wildlife collisions with vehicles, whether hitting a kangaroo, deer, or bird, are treated under the same NSW Compulsory Third Party (CTP) scheme as other motor accidents. However, the unique circumstances of these incidents require specific documentation to support claims. This article explains the evidence needed, how it differs from standard motor accidents, and how to proceed under NSW law.
NSW CTP Rules for Wildlife Strikes
Under the Motor Accident Injuries Act 2017, all motor vehicle accidents, including wildlife strikes, are covered by the CTP scheme. This means injured parties may be eligible for treatment, income support, and compensation, depending on the injury severity. However, wildlife strikes present unique challenges. For example, proving the accident occurred and establishing the injury’s link to the collision requires careful documentation. SIRA (State Insurance Regulatory Authority) provides guidelines for claims, but wildlife strikes often lack the clear evidence of fault or vehicle damage seen in standard accidents. This makes it essential to preserve all available records.
Evidence to Keep After a Wildlife Strike
When documenting a wildlife strike, focus on three key areas: the accident itself, the injury, and the impact on your life. Here’s what to collect:
- Accident scene records: Take photos of the animal, the vehicle damage, and the location. Note the time, weather, and road conditions. If possible, record the GPS coordinates of the crash site.
- Medical evidence: Obtain a medical report from a doctor or specialist confirming the injury. For soft tissue injuries (like whiplash), ensure the report includes details about symptoms, treatment, and recovery time. SIRA’s guidelines emphasize the importance of clinical evidence in determining eligibility for benefits.
- Witness statements: If there were witnesses, ask them to provide a written statement. Even a single witness can help establish the sequence of events.
- Vehicle and insurance details: Keep records of the vehicle’s condition before and after the accident. Note any damage to the car, and ensure you have the insurance details of the at-fault driver.
Regional NSW Considerations
In regional NSW, wildlife strikes are more common due to higher animal populations and less traffic density. However, this also means fewer witnesses and limited access to police or emergency services. If you’re in an area with limited infrastructure, consider using a mobile phone to record the scene and send photos to a trusted contact. SIRA advises that claims in remote areas may take longer to process, so prompt documentation is essential.
Time Limits and Dispute Resolution
You have 52 weeks from the date of the accident to claim benefits for threshold injuries (such as soft tissue damage). If your injury is more severe, you may have longer to pursue compensation, but time limits still apply. SIRA’s website explains that claims must be submitted within a reasonable time frame, typically within 12 months of the accident. If you’re unsure about deadlines, contact SIRA directly for clarification.
Disputes over wildlife strike claims are rare but possible. If your claim is denied, you can request a review through SIRA’s internal process or seek independent legal advice. It’s important to note that wildlife strikes are often considered low-fault incidents, which may affect the amount of compensation you receive.
When to Seek Advice
While SIRA provides a clear framework for claims, wildlife strikes can be complex. For example, if your injury requires long-term treatment or if you’re unsure about your eligibility for benefits, it’s wise to consult a legal professional. A solicitor can help you navigate the process, ensure all evidence is properly submitted, and challenge any unfair decisions.
Example Scenario
Imagine you’re driving on a remote road in the Hunter Valley when a kangaroo suddenly darts into your path. Your car sustains minor damage, but you suffer a whiplash injury. You take photos of the kangaroo’s remains, note the time and location of the accident, and visit a doctor who confirms your injury. This documentation forms the basis of your claim. However, if your injury is not clearly linked to the collision, SIRA may require additional evidence, such as a police report or expert opinion.
Next Steps
Wildlife strikes can be stressful, especially in remote areas where help is not immediately available. By preserving evidence, understanding your legal rights, and seeking advice when needed, you can protect your claim. Remember, every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.