Wildlife strikes on NSW roads are treated under the Compulsory Third Party (CTP) insurance scheme, which provides compensation for injuries caused by motor vehicle accidents. SIRA (State Insurance Regulatory Authority) administers these claims, and the outcome depends on factors like the accident's circumstances, injury severity, and evidence. This article explains how SIRA handles wildlife-related claims, what damages are available, and practical steps for claimants.
How SIRA Handles Wildlife Strikes
SIRA assesses claims based on the accident's details, including whether the wildlife strike was a contributing factor. While the animal is not 'at fault, ' the driver's responsibility is evaluated. For example, if a driver was speeding or distracted, SIRA may attribute liability to them. Claims must demonstrate that the accident occurred on a public road and that the injury resulted from the collision.
Damages Available for Wildlife Strikes
Under NSW CTP rules, claimants may seek:
- Medical expenses (including treatment and rehabilitation)
- Lost income due to time off work
- Care and assistance costs if the injury requires ongoing support
- Pain and suffering compensation (for eligible cases)
SIRA uses the Motor Accident Guidelines to determine if injuries meet the threshold for compensation. For instance, a soft-tissue injury (like a whiplash) must show neurological signs, such as tingling or numbness, to qualify.
Proving Liability in Wildlife Strikes
Liability is determined by whether the driver breached their duty of care. SIRA considers factors like:
- Whether the driver was speeding or inattentive
- Whether the accident occurred on a public road
- Whether the wildlife strike was unavoidable
Evidence such as police reports, witness statements, and vehicle camera footage may be required. For example, if a driver hit a deer on a highway, SIRA would assess whether the driver could have taken precautions to avoid the collision.
Practical Steps for Claimants
- Seek immediate medical attention to document injuries.
- Report the accident to the police and obtain a report.
- Notify your insurer (or SIRA directly if you're a third-party claimant).
- Gather evidence like photographs of the scene, witness contact details, and medical records.
- Submit a claim form through SIRA's online portal or by mail.
Time Limits and Dispute Options
Claims must be submitted within a reasonable time frame, typically within a few months of the accident. If a claim is disputed, SIRA may refer the matter to a tribunal. Claimants should seek legal advice if their case involves complex injuries or disputes over liability.
When to Seek Advice
While SIRA provides a clear framework, each case is fact-specific. For example, a claim involving a rare animal strike (like a kangaroo on a highway) may require specialist assessment. Legal professionals can help navigate disputes over injury severity or liability.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.