Wildlife strikes on NSW roads, such as hitting a kangaroo or wallaby, are covered under the Compulsory Third Party (CTP) scheme. This article explains how these accidents are treated under NSW law, what claims are available, and practical steps for Greater Sydney drivers and passengers.
How Wildlife Strikes Are Handled Under NSW CTP Laws
Under the Motor Accident Injuries Act 2017 (MAIA), wildlife strikes are treated as motor vehicle accidents if the collision occurs on a road or car park. The key is whether the injury meets the 'threshold injury' definition in the Motor Accident Guidelines. For example, a soft tissue injury like a bruise or whiplash may qualify, but the injury must involve a spinal nerve-root injury with neurological signs, not just radiculopathy.
If the accident involves a wildlife strike, the claimant must notify their insurer within 52 weeks of the incident. This is the statutory deadline for claiming treatment and care benefits under the CTP scheme. The insurer then assesses the claim based on medical evidence, such as a GP report or specialist opinion.
Practical Steps and Evidence for Wildlife Strike Claims
To support a claim after a wildlife strike, gather:
- Medical records showing the injury's connection to the accident
- Witness statements or photographs of the animal and damage
- Accident report from the NSW Police or Transport for NSW
- Evidence of income loss if the injury affects work
For example, a driver who hits a kangaroo on the M5 and sustains a soft tissue injury would need to provide a medical certificate linking the injury to the collision. The insurer will then determine if the injury meets the threshold for benefits.
Time Limits, Disputes and When to Seek Advice
Claims must be made within 52 weeks of the accident. If the injury is a 'threshold injury' only, benefits stop after this period. However, if the injury results in a whole person impairment (WPI) of 10% or more, the claim may continue beyond 52 weeks under the MAIA.
Disputes over wildlife strike claims often arise if the insurer disputes the injury's classification. In such cases, seeking advice from a solicitor or the NSW Civil and Administrative Tribunal (NCAT) may be necessary. For instance, if the insurer refuses to pay for a WPI claim, the claimant can request a review or apply to NCAT.
Greater Sydney Examples and Claim Nuances
In Greater Sydney, wildlife strikes are common on the M5, M4, and other highways near national parks. A 2023 case involved a motorcyclist who collided with a wallaby on the M4 and later claimed treatment benefits under the CTP scheme. The claim was successful because the injury met the threshold injury criteria.
Another example involves a pedestrian hit by a car while walking near a wildlife corridor in Sydney Olympic Park. The claimant needed to prove the injury was caused by the collision, not a pre-existing condition, which required detailed medical evidence.
Next Steps for Claimants
If you've been involved in a wildlife strike accident, act quickly to preserve evidence and meet the 52-week deadline. Time limits apply to all CTP claims, and delays can reduce or eliminate entitlements. For tailored advice on your circumstances, complete the quick, no obligation enquiry form.