Wildlife Strikes and NSW CTP Claims
If you were injured in a wildlife strike accident in Albury, you may be wondering how to claim compensation under NSW's Compulsory Third Party (CTP) scheme. Wildlife strikes, such as hitting a deer, kangaroo, or bird, are treated under the same CTP rules as other motor accidents, but there are specific considerations. This guide explains how SIRA handles these claims, what compensation is available, and how they differ from standard motor accident claims.
How SIRA Handles Wildlife Strike Claims
SIRA (State Insurance Regulatory Authority) administers NSW's CTP scheme, which covers injuries caused by motor vehicles. Wildlife strikes are treated as 'accidents' under the Motor Accident Injuries Act 2017, meaning claims are processed similarly to other road accidents. However, the injury must meet the 'threshold injury' criteria outlined 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. If the injury does not meet this threshold, it may not be eligible for CTP benefits.
Compensation Available for Wildlife Strike Injuries
Under the CTP scheme, injured people may claim:
- Weekly income benefits if they cannot work due to the injury.
- Treatment and care benefits to cover medical expenses.
- Lump sum compensation for permanent impairments or long-term consequences.
If the injury is a 'threshold injury' (e.g., a minor soft tissue injury), weekly benefits are generally limited to 52 weeks. After this period, you may need to pursue a separate common law claim for ongoing effects, though this is not guaranteed.
Key Differences from Standard Motor Accident Claims
Wildlife strike claims differ from typical road accidents in two ways:
- Fault is not a factor, the CTP scheme does not require proving who was at fault. The claim is based on the accident occurring, not who caused it.
- Evidence of the wildlife strike is crucial. You must provide evidence that the accident involved a wildlife animal, such as witness statements, photographs, or a police report. This is because the CTP scheme does not cover injuries caused by non-motor vehicle events.
Practical Steps and Evidence Needed
To support a wildlife strike claim, gather:
- Medical records showing the injury and its connection to the accident.
- Accident details, including the time, location, and circumstances of the strike.
- Witness statements from anyone who saw the incident.
- Photographs of the wildlife animal (if possible) or the damage to your vehicle.
- Income records to support claims for lost wages.
If you were injured in a wildlife strike in Albury, it is important to notify SIRA as soon as possible. While there is no strict time limit for reporting the accident, delays may affect your ability to claim benefits.
When to Seek Legal Advice
If your claim is denied or you are unsure about your options, consider seeking legal advice. A solicitor can help you understand whether you may be eligible for additional compensation through a common law claim or other avenues. Remember, every claim depends on its own facts, and the outcome will depend on the specific circumstances of your case.
Next Steps
CTP claims can be complex, especially after a wildlife strike. If you are in Albury and have been injured in an animal strike accident, it is important to act promptly. Complete the quick, no obligation enquiry form to request contact about your circumstances. General information cannot determine whether a claim is available in an individual case.