How Treatment Costs Are Funded After a Wildlife Animal Strike in NSW
If you were injured in a motor vehicle accident in Greater Sydney that involved striking or swerving to avoid a wildlife animal, your treatment costs may be funded under the NSW Compulsory Third Party (CTP) insurance scheme. This applies regardless of whether the animal was a kangaroo, wallaby, emu, or another species. The CTP scheme, governed by the Motor Accident Injuries Act 2017, provides coverage for medical treatment, rehabilitation, and related expenses incurred as a direct result of the accident.
Funding is not automatic. It depends on the nature of the injury, the timing of treatment, and whether the claim is made within applicable time limits. The insurer of the vehicle involved, usually identified through the green slip (CTP insurance certificate), is responsible for covering reasonable and necessary treatment costs. This includes hospital visits, physiotherapy, specialist consultations, medication, and allied health services.
What SIRA Guidelines Apply to Wildlife Strikes in Greater Sydney
The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW and provides guidance on claim eligibility and entitlements. For wildlife animal strikes, SIRA’s Motor Accident Claims and What You Can Claim resources confirm that injuries sustained during such incidents are treated the same as any other motor vehicle accident under the CTP scheme.
The key principle is that the injury must have arisen from the motor vehicle accident. If you were injured while swerving to avoid an animal, or if the vehicle struck the animal and you were thrown from the vehicle or suffered a collision impact, the injury is likely compensable. The location, whether on a highway, suburban road, or rural road within Greater Sydney, does not affect eligibility, as long as the vehicle was in use on a public road at the time.
SIRA’s guidelines state that treatment must be reasonable and necessary, and must be provided by a qualified medical practitioner or allied health professional. The insurer may require a treatment plan, medical reports, and a record of services received to assess eligibility for funding.
Practical Steps and Evidence That Matter
To access funding for treatment costs, you should:
- Seek medical attention immediately after the accident, even if you feel only minor discomfort. Some injuries, such as soft tissue damage or internal trauma, may not be immediately apparent.
- Keep all records of treatment, including appointment notes, prescriptions, invoices, and correspondence with healthcare providers.
- Report the accident to the insurer as soon as possible. The insurer must be notified within 6 months of the accident date to preserve your rights under the Motor Accident Injuries Act 2017.
- Provide a written statement detailing the incident, including the time, location, weather conditions, and whether you saw or heard the animal before the event.
- Gather evidence such as photographs of the vehicle damage, road conditions, and any animal remains at the scene. Witness contact details may also be useful.
If you were not the driver, you may still be eligible for treatment funding as a passenger, pedestrian, cyclist, or motorcyclist. The law does not distinguish based on mode of transport, as long as the injury occurred during a motor vehicle accident on a public road.
Time Limits and Dispute Options
There is a 6-month time limit from the date of the accident to notify the insurer of your claim. Failure to notify within this period may result in the insurer refusing to fund treatment costs, unless you can demonstrate reasonable excuse for the delay.
If the insurer refuses to fund treatment, you may request a review under SIRA’s dispute resolution process. You can also apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination on the claim. These processes are free and do not require legal representation.
In some cases, a claim may be considered a 'blameless accident' if the animal was not on a road or path and the driver took reasonable action to avoid it. However, this does not affect entitlement to treatment funding, which remains available under the CTP scheme regardless of fault.
What You Should Know About Treatment Funding
Treatment costs are funded under the CTP scheme only if they are directly related to injuries sustained in the accident. The insurer will not fund treatment for pre-existing conditions or unrelated health issues.
If you have a claim for damages (such as for pain and suffering or loss of income), the treatment cost funding may be subject to a 52-week limit if your only injuries are threshold injuries (as defined in the Motor Accident Injuries Act 2017). However, this does not apply to treatment and care benefits, which continue as long as the medical need exists and is supported by evidence.
A hypothetical example: A cyclist in Sydney’s northern suburbs swerved to avoid a kangaroo on a suburban road, lost control, and was thrown from the bike. The cyclist sustained a back injury and required physiotherapy and specialist assessment. The treatment was funded by the CTP insurer after the cyclist submitted medical reports and a claim form within 6 months of the accident.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.