Wildlife Strikes and CTP Claims in NSW
If you were involved in a wildlife strike accident in NSW, such as hitting a kangaroo, deer, or bird, you may wonder how insurers assess your claim. Under the NSW Compulsory Third Party (CTP) scheme, wildlife strikes are treated like any other motor accident, but insurers apply specific rules to determine eligibility. This article explains how insurers evaluate wildlife strike claims, what evidence matters, and how regional factors in the Illawarra and South Coast may influence decisions.
How NSW CTP Insurers Assess Wildlife Strike Claims
Insurers assess wildlife strike claims based on the same principles as other CTP claims. Key factors include:
- Injury type: The claim must involve a threshold injury (soft tissue injury or more serious harm) under the Motor Accident Injuries Act 2017. For example, a minor collision with a bird causing bruising may qualify, but a non-injury incident (like a close call with a kangaroo) likely won’t.
- Fault and causation: Insurers must determine if your accident was caused by a motor vehicle. If the animal was struck by your vehicle, this typically satisfies the fault requirement. However, if the animal caused the accident (e.g., darting into your path), the claim may be denied.
- SIRA guidelines: The State Insurance Regulatory Authority (SIRA) provides detailed guidance on assessing claims. Insurers must consider medical evidence, accident reports, and witness statements to determine if your injuries meet the threshold.
Evidence That Matters for Wildlife Strike Claims
To support your claim, you’ll need to provide:
- Medical records: A doctor’s report confirming your injuries, including any neurological signs or spinal nerve-root injuries (which may qualify as threshold injuries under the guidelines).
- Accident details: Police reports, photos of the scene, and witness statements can help prove the incident occurred and establish fault.
- Vehicle and animal information: If the animal was injured, veterinary records may be required. If the animal was unharmed, this may affect the claim’s viability.
- Income and treatment costs: If your injuries caused lost income or required medical treatment, you’ll need to provide evidence of these expenses.
Regional Considerations in Illawarra and South Coast
Insurers in the Illawarra and South Coast regions may handle wildlife strike claims differently due to:
- Local claim patterns: These areas have higher wildlife strike rates, so insurers may have developed specific protocols for assessing such claims.
- Claimant history: Insurers consider past claims when determining eligibility. Repeat claimants may face stricter scrutiny.
- Dispute resolution: Some insurers in these regions may use alternative dispute resolution processes, such as mediation, to resolve contested claims.
Time Limits and Dispute Options
You have 52 weeks from the date of your accident to claim benefits for threshold injuries. After this period, weekly payments and treatment benefits typically stop unless your injuries meet the whole person impairment threshold. If your claim is denied, you can:
- Request a review: Contact your insurer to dispute the decision and provide additional evidence.
- Seek independent advice: A legal professional can help you challenge the insurer’s decision or negotiate a better outcome.
When to Seek Legal Advice
If your claim is denied, or if you’re unsure whether your injuries qualify, it’s important to seek legal advice. A solicitor can:
- Help you understand your rights under the CTP scheme.
- Assist with dispute resolution processes.
- Ensure your claim is processed fairly.
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.