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 animal strike accident in NSW, you may be wondering how your treatment costs are funded. Under the NSW Compulsory Third Party (CTP) scheme, treatment costs for injuries caused by wildlife strikes are typically covered by the at-fault driver's insurer, provided the accident meets the legal criteria. This article explains how the funding works, what evidence you need, and how SIRA guidelines apply to wildlife strike claims in the Newcastle and Hunter region.
How Wildlife Strike Treatment Costs Are Funded
In NSW, the Motor Accident Injuries Act 2017 (MAIA) governs CTP claims. If you were injured in a wildlife strike, such as a car hitting a kangaroo, deer, or bird, your treatment costs may be funded by the CTP insurer of the at-fault vehicle. This applies even if the accident occurred on private property, a car park, or a rural road, as long as the vehicle was being used for transport.
The key is determining whether the accident qualifies as a 'motor accident' under the MAIA. SIRA (State Insurance Regulatory Authority) confirms that wildlife strikes are treated as motor accidents if they involve a vehicle and result in injury. This means your treatment costs, including medical bills, physiotherapy, and specialist consultations, may be covered under the CTP scheme.
Practical Steps and Evidence Needed
To claim treatment costs after a wildlife strike, you'll need to take the following steps:
- Notify your insurer, If you were driving, inform your CTP insurer about the accident as soon as possible. If the other driver was at fault, contact their insurer.
- Seek medical attention, Document all treatment costs with receipts, medical reports, and invoices. SIRA emphasizes that treatment must be directly related to the accident.
- Gather evidence, Collect details of the incident, such as witness statements, photographs of the animal and damage, and a police report if available. This helps establish the accident's circumstances and the link to your injuries.
- Submit a claim, Use the CTP insurer's online portal or contact SIRA for guidance. Claims must include proof of treatment costs and a medical certificate confirming the injury's connection to the accident.
How SIRA Guidelines Apply to Wildlife Strikes
SIRA's guidelines for motor accident claims apply to wildlife strikes, but there are key distinctions. For example, the 'threshold injury' rules under the MAIA may limit benefits for minor injuries. SIRA explains that a threshold injury requires a spinal nerve-root injury with neurological signs, or radiculopathy with specific clinical signs. If your injury falls below this threshold, treatment costs may still be covered, but benefits like weekly payments may not apply.
Wildlife strikes also differ from standard motor accidents in terms of evidence. SIRA notes that proving fault in a wildlife strike can be complex, as the animal's presence may not be directly observable. Witnesses and vehicle data (like dashcam footage) are critical in these cases.
Common Funding Disputes and Resolving Them
CTP insurers may dispute coverage if they believe the injury does not meet the threshold for benefits or if treatment costs are not directly related to the accident. For example, if you incurred additional costs for unrelated treatments, the insurer may reject those claims.
To resolve disputes, you can:
- Request a review, SIRA provides a process for disputing decisions, including submitting additional medical evidence or expert opinions.
- Seek mediation, SIRA offers a free mediation service to resolve conflicts without going to court.
- Consult a legal professional, If disputes persist, a solicitor can help you navigate the process and ensure your rights are protected.
Time Limits and When to Seek Advice
CTP claims in NSW have strict time limits. You must notify the insurer within 90 days of the accident, and claims must be submitted within 12 months of the injury date. If you fail to meet these deadlines, you may lose your right to claim treatment costs.
If you're unsure about your claim's validity or facing a dispute, it's essential to seek legal advice promptly. SIRA's resources can guide you, but a solicitor can provide tailored support based on your circumstances.
Next Steps
Understanding how treatment costs are funded after a wildlife strike depends on the accident's specifics, your injuries, and the evidence you gather. While the CTP scheme provides a pathway for coverage, disputes and time limits can complicate the process. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.