Wildlife Strikes and CTP Claims in Rural 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've been involved in a wildlife strike accident in rural New South Wales, documenting the incident thoroughly is critical for a successful Compulsory Third Party (CTP) claim. Wildlife collisions with vehicles are common on unsealed roads and remote highways, but proving the accident’s circumstances and injury extent can be challenging. SIRA (State Insurance Regulatory Authority) administers NSW CTP claims, and its guidelines outline what evidence is required to support your case.
Key Evidence for Wildlife Strike Claims
To establish a CTP claim after a wildlife strike, you must demonstrate the accident’s cause, the injury’s connection to the incident, and the impact on your daily life. Essential evidence includes:
- Accident scene photos: Capture the location, vehicle damage, and any visible animal remains. Include GPS coordinates if possible.
- Witness statements: Statements from other drivers, local residents, or rangers who saw the incident.
- Medical records: Documentation of injuries, including scans, specialist reports, and treatment plans.
- Police or emergency reports: Official records from the scene, even if the police did not attend.
- Vehicle damage reports: Photos and notes on vehicle damage, as this can indicate the collision’s force.
- Animal remains: If the animal was not removed, preserve any visible parts (e.g., antlers, fur) for identification.
In rural areas, limited access to services may delay documentation. If you cannot collect evidence immediately, note the date and time of the incident and any changes to the scene.
How SIRA Assesses Wildlife Strike Claims
SIRA evaluates all CTP claims using the same criteria, regardless of location. For wildlife strikes, the focus is on whether the injury meets the threshold injury definition under the Motor Accident Injuries Act 2017. This includes soft tissue injuries, fractures, or neurological damage that requires medical treatment.
SIRA also considers the spinal nerve-root qualification for soft tissue injuries. For example, a kangaroo strike causing a spinal injury with neurological signs may qualify, even if there is no radiculopathy (nerve root irritation). However, injuries limited to bruising or minor abrasions may not meet the threshold.
In rural areas, SIRA may have fewer resources to investigate claims, so thorough documentation is even more critical. If your claim involves a rare animal (e.g., a koala or wallaby), include any local wildlife records or expert opinions.
Common Documentation Gaps in Remote Areas
Rural drivers often face unique challenges, such as:
- No mobile coverage: Limiting the ability to notify insurers or emergency services.
- Remote locations: Making it difficult to preserve evidence before it is disturbed.
- Lack of witnesses: Reducing the availability of third-party accounts.
To mitigate these issues, use a satellite phone or mobile hotspot to send photos and notes to your insurer. If you cannot collect all evidence immediately, explain the circumstances in writing and note any changes to the scene.
Time Limits and When to Seek Advice
CTP claims must be reported within 52 weeks of the accident, though this period may be extended for complex cases. If your injury requires long-term treatment, you must notify your insurer within this timeframe.
Disputes over injury severity or claim eligibility are common. For example, an insurer may dispute whether a wildlife strike caused your injury, or whether your symptoms meet the threshold. In such cases, seeking legal advice early is essential to challenge the insurer’s assessment.
Example: A Rural Wildlife Strike Claim
Imagine a farmer driving through a remote area when a wallaby strikes the front of their 4WD. The animal is killed, and the vehicle sustains minor damage. The farmer experiences back pain and seeks medical attention. To support a CTP claim, they must:
- Document the wallaby’s location and condition.
- Obtain a medical report linking the back pain to the collision.
- Provide a police report or witness statement.
- Explain how the injury affects their ability to work.
In this case, the farmer’s ability to work may be a key factor in determining the claim’s value.
Next Steps
If your wildlife strike claim is denied or you are unsure about your options, contact a legal professional. While this article provides general guidance, your circumstances may require tailored advice. Time limits apply, so act promptly to protect your rights.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.