If you were injured in a wildlife animal strike accident in NSW, you may be eligible for treatment costs covered under the NSW Compulsory Third Party (CTP) scheme. SIRA (State Insurance Regulatory Authority) administers the Motor Accident Injuries Act 2017, which determines what medical expenses are funded. This article explains how wildlife strikes are treated under NSW law, what costs are covered, and the evidence needed to claim treatment funding.
How SIRA Funds Treatment Costs for Wildlife Strikes
Under the Motor Accident Injuries Act 2017, SIRA covers treatment costs for injuries caused by motor vehicle accidents, including wildlife strikes. This includes medical bills, physiotherapy, and other necessary treatments. However, the funding depends on whether the injury meets the 'threshold injury' criteria outlined in the Motor Accident Guidelines. For example, if you suffered a soft tissue injury (like a whiplash) that does not require surgery, SIRA may cover your treatment costs.
Key Differences for Wildlife Strike Claims
Wildlife strikes are treated like any other motor vehicle accident under NSW CTP rules. However, there are specific considerations:
- Evidence of the strike: You must prove the accident involved a wildlife animal (e.g., a deer, kangaroo, or bird). This may require witness statements, photographs, or police reports.
- No fault requirement: Unlike some claims, wildlife strikes are funded regardless of fault. The at-fault driver’s insurer covers the costs, even if the animal was not legally responsible.
- Treatment cost limits: SIRA covers treatment costs for 52 weeks after the accident, unless the injury is classified as a 'threshold injury' under the guidelines. After 52 weeks, benefits may be limited unless the injury meets specific impairment criteria.
What Evidence Matters for Wildlife Strike Claims
To claim treatment costs, you must provide:
- Medical records showing the injury and treatment.
- Accident details (e.g., police report, witness statements, or photos of the animal).
- Proof of treatment costs (e.g., invoices, receipts, or medical reports).
- Evidence of income loss if you claim weekly benefits (though this is separate from treatment funding).
Practical Steps After a Wildlife Strike
- Seek immediate medical attention and document all treatment.
- Report the accident to the police and obtain a report.
- Contact your insurer or SIRA to start the claim process.
- Keep all medical and financial records organized.
Time Limits and Dispute Options
You have 5 years from the accident date to claim treatment costs under the Motor Accident Injuries Act 2017. If your claim is disputed, you may need to request a review through SIRA or seek legal advice. Disputes over treatment costs often hinge on whether the injury meets the 'threshold injury' definition in the guidelines.
When to Seek Legal Advice
While SIRA handles most claims, complex cases (e.g., overlapping workers’ compensation claims or disputes over treatment costs) may require a solicitor. A lawyer can help navigate SIRA’s guidelines, challenge denied claims, or ensure you receive all entitled benefits.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.