Understanding Wildlife Strike Claims in NSW
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you've been involved in a wildlife strike accident in New South Wales, understanding how insurers evaluate your claim is critical. Wildlife strikes, such as hitting a deer, kangaroo, or bird, are treated under the NSW Compulsory Third Party (CTP) scheme. Insurers assess claims based on the Motor Accident Injuries Act 2017, SIRA guidelines, and regional practices in areas like Newcastle and Hunter. This article explains how insurers determine compensation, what evidence matters, and how location and injury type influence outcomes.
Key Factors in Wildlife Strike Claims
NSW insurers evaluate wildlife strike claims by considering:
- Nature of the injury: Claims are assessed against the threshold injury definition in the Motor Accident Guidelines. Soft tissue injuries (e.g., whiplash) may qualify, but insurers scrutinise whether neurological signs meet the spinal nerve-root criteria.
- Evidence of the incident: Police reports, witness statements, and photographs of the animal or damage are crucial. For example, a claimant who hit a kangaroo on a rural road may need to prove the animal was on the road, not in a car park.
- Location-specific practices: Insurers in Newcastle and Hunter may have different approaches due to higher wildlife activity. For instance, rural areas with frequent kangaroo strikes may see more claims for whole person impairment assessments.
- Time limits: Claims must be made within 52 weeks of the accident if only threshold injuries are involved. If the claimant has long-term injuries, benefits may continue beyond this period.
Practical Steps for Claimants
To improve your claim's chances:
- Document the incident: Take photos of the animal, damage, and the scene. Note the time, location, and weather conditions.
- Seek medical attention: Obtain a medical report from a registered medical practitioner. SIRA requires evidence of injury to support claims for treatment and income loss.
- Notify your insurer: Contact your CTP insurer within 52 weeks. Delays may reduce benefits or lead to disputes.
- a Preserve evidence: Keep records of all correspondence with insurers, medical bills, and income loss documentation.
Disputes and When to Seek Advice
If your claim is denied, insurers may cite reasons such as:
- Contributory fault (e.g., speeding or not maintaining a safe speed)
- Threshold injury exclusions (e.g., injuries not meeting SIRA's clinical criteria)
- Location disputes (e.g., arguing the animal was on private property)
In such cases, claimants should:
- Request a review of the insurer's decision
- Seek independent medical opinions
- Consult a legal professional if disputes escalate
Example: A Claim in the Hunter Region
Consider a claimant who collided with a kangaroo on a rural road in the Hunter region. The insurer may:
- Assess the injury against the spinal nerve-root criteria in the Motor Accident Guidelines
- Require evidence that the kangaroo was on the road, not in a car park
- Apply the 52-week rule if the injury is deemed a threshold injury
This example highlights how location and injury type influence insurer decisions.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.