If you were injured in a wildlife strike accident on the Central Coast, understanding how the NSW CTP scheme handles these claims is critical. Wildlife strikes, such as hitting a deer, kangaroo, or bird, can cause injuries even if the driver was not at fault. Under the Motor Accident Injuries Act 2017, claims for these incidents are treated differently from standard motor accidents, and the process for securing compensation depends on specific rules. This article explains how SIRA (State Insurance Regulatory Authority) assesses wildlife strike claims, what injuries qualify, and the practical steps to take after an accident.
How SIRA Handles Wildlife Strike Accidents
Wildlife strike accidents are treated under the same CTP scheme as other motor accidents, but there are key distinctions. First, the fault is typically attributed to the animal, not the driver, which means the claim is not based on the driver’s negligence. Instead, the focus is on the injury caused by the collision. Under the Motor Accident Guidelines, injuries must meet specific criteria to qualify for compensation. For example, soft tissue injuries (like whiplash) may still be eligible if they involve spinal nerve-root damage, even if there is no radiculopathy. However, injuries that fall below the 'threshold injury' definition, such as minor bruises or scratches, generally do not qualify for benefits.
What Compensation Is Available for Wildlife Strikes?
If your injuries meet the threshold, you may be eligible for treatment and care benefits, weekly income payments, and compensation for permanent impairment. For example, if you suffered a soft tissue injury requiring medical treatment, you could receive weekly payments for up to 52 weeks. If the injury results in a whole person impairment rating (such as a 10% loss of function), you may also claim compensation for ongoing care or loss of income. However, if your injuries are below the threshold, you may not be eligible for any benefits under the CTP scheme. It’s important to note that the 52-week limit applies only if the injuries are classified as 'threshold injuries', a distinction that requires a medical assessment.
Practical Steps to Take After a Wildlife Strike Accident
After a wildlife strike, the first step is to seek immediate medical attention, even if injuries seem minor. Document the accident by taking photos of the scene, noting the type of animal involved, and recording any witness details. You should also notify your insurer or SIRA as soon as possible, as there are time limits for claims. Under the Motor Accident Injuries Act 2017, you have 52 weeks from the date of the accident to claim benefits for injuries that fall within the threshold. If your injuries are below the threshold, you may still be able to pursue a common law claim for damages, but this requires a separate process and is not covered by the CTP scheme.
Example: A Wildlife Strike Claim in Practice
Consider a scenario where a driver on the Central Coast hits a kangaroo, resulting in a soft tissue injury. The driver seeks medical treatment and is diagnosed with a spinal nerve-root injury that meets the threshold criteria. Under the CTP scheme, the driver could receive weekly income payments for up to 52 weeks and treatment benefits. However, if the injury was limited to a bruise without neurological signs, the claim would not qualify for benefits. This example highlights why a medical assessment is essential to determine eligibility.
Time Limits and When to Seek Advice
Time is critical in wildlife strike claims. If your injuries are threshold injuries, you have 52 weeks to claim benefits. If you miss this deadline, you may lose your right to receive payments. Additionally, disputes over the nature of the injury or the fault can arise, requiring legal guidance. For instance, if the accident occurred on private property or involved a non-motor vehicle, the claim may be more complex. In such cases, consulting a legal professional who specializes in CTP claims can help ensure your rights are protected.
Next Steps for Injured People on the Central Coast
If you’ve been injured in a wildlife strike accident, the first priority is to seek medical care and document the incident thoroughly. Then, contact SIRA to begin the claims process. However, if your injuries are below the threshold or you’re unsure about your eligibility, it’s important to seek legal advice. A solicitor can help you understand your options, including whether a common law claim might be viable. Remember, every claim depends on its own facts, and the outcome can vary based on the circumstances of the accident and the nature of the injuries.
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