Wildlife Strikes and NSW CTP Claims
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 injured in a wildlife animal strike accident in Balmain, NSW, you may be eligible for compensation under the Compulsory Third Party (CTP) scheme. Wildlife strikes, such as hitting a kangaroo, wallaby, or other native animal, are treated like any other motor vehicle accident under NSW law. This article explains how SIRA handles these claims, what evidence is needed, and how to proceed.
How NSW CTP Rules Apply to Wildlife Strikes
Under the Motor Accident Injuries Act 2017, CTP insurers must cover injuries caused by motor vehicles, including collisions with wildlife. The key is that the accident must involve a motor vehicle and a wildlife animal. For example, a car hitting a kangaroo on a Balmain road would qualify. SIRA, the NSW government body managing CTP claims, assesses these cases based on the same criteria as other road accidents. This includes determining if the injury meets the 'threshold injury' definition under the Motor Accident Guidelines.
Practical Steps and Evidence for Wildlife Claims
To support your claim, gather the following:
- Police report: Confirm the accident involved a wildlife animal.
- Witness statements: Accounts from others at the scene.
- Photographs: Of the animal, damage to your vehicle, and the accident location.
- Medical records: Show how the collision caused injury.
- Insurance details: Provide the other driver’s CTP insurer information if applicable.
In Balmain, where wildlife strikes are common on roads like the M5 and Balmain Road, documenting the incident immediately is critical. For example, if a driver hit a wallaby and sustained soft-tissue injuries, SIRA would assess whether the injury meets the spinal nerve-root criteria outlined in the Motor Accident Guidelines.
Time Limits and Dispute Resolution
You have 52 weeks from the accident date to claim benefits for 'threshold injuries', minor injuries like whiplash or soft-tissue damage. If your injuries are more severe, you may be eligible for ongoing payments. However, if your claim involves only threshold injuries, benefits may be limited after 52 weeks under s 4.4 of the Motor Accident Injuries Act 2017. Disputes over liability or injury severity can be resolved through SIRA’s internal review process or by seeking independent medical opinions.
When to Seek Legal Advice
While SIRA handles most claims, complex cases, such as those involving multiple injuries, disputes over fault, or interstate drivers, may require a solicitor. For example, if a wildlife strike led to long-term mobility issues requiring specialist treatment, a lawyer can help ensure you receive all available benefits.
Next Steps
CTP claims involving wildlife strikes depend on the accident date, injury type, and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.