How the NSW CTP Scheme Handles Wildlife Collisions
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've been injured in a wildlife collision on NSW roads, the Compulsory Third Party (CTP) scheme applies to your situation. Wildlife strikes, such as hitting a kangaroo, deer, or bird, are treated under the same rules as other motor vehicle accidents. This article explains how to claim benefits, what evidence is needed, and how to navigate the claims process using SIRA resources.
Under the Motor Accident Injuries Act 2017, wildlife collisions are considered motor vehicle accidents. If you're injured, you may be eligible for:
- Treatment and care benefits to cover medical treatment, therapy, and rehabilitation.
- Weekly income support if your injury prevents you from working.
- Compensation for permanent impairment if your injury results in long-term or permanent disability.
SIRA administers the CTP scheme. To claim benefits like weekly payments or treatment costs, you must notify your insurer within 52 weeks of the accident. However, some benefits may stop after 52 weeks if your injuries are classified as 'threshold injuries' under the Motor Accident Guidelines.
What Evidence Matters for a Wildlife Strike Claim?
To support your claim, you'll need to provide:
- Medical records showing your injuries and treatment.
- Accident details such as the time, location, and circumstances of the collision.
- Witness statements or photographs of the scene.
- Proof of income if you're claiming weekly benefits.
- Insurer correspondence if you've already contacted your insurer.
For example, if you hit a kangaroo and suffered a soft-tissue injury (like a sprained wrist), your claim for treatment benefits must include medical evidence confirming the injury. SIRA's guidelines specify that injuries must meet certain clinical criteria to qualify for benefits.
Time Limits and Dispute Options
You must notify your insurer within 52 weeks of the accident to claim weekly benefits or treatment costs. If your injury is classified as a 'threshold injury', meaning it doesn't meet the whole person impairment threshold, benefits may stop after 52 weeks. However, you can still claim for treatment costs if your injury requires ongoing care.
If your claim is disputed, you can request a review through SIRA. The Motor Accident Injuries Regulation 2017 outlines the process for disputing decisions, including submitting new evidence or appealing a benefit reduction.
Common Mistakes to Avoid
- Failing to notify your insurer within 52 weeks may result in losing weekly benefits.
- Not documenting the accident scene could weaken your claim.
- Ignoring medical advice may affect your eligibility for long-term benefits.
- Not seeking legal advice if your claim is denied or disputed.
Next Steps
CTP claims depend on the specific facts of your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.