Understanding Wildlife Strike Claims in NSW
A motor vehicle accident involving a wildlife animal on a regional NSW road may result in injury, vehicle damage, or both. Under the NSW Compulsory Third Party (CTP) insurance scheme, you may be entitled to compensation for injuries and related losses, regardless of fault. Insurers assess these claims based on the Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017. The outcome depends on the nature of the injury, the timing of medical treatment, and whether the injury meets the legal threshold for damages. Regional roads often have higher speeds and limited roadside assistance, which can affect claim outcomes. Insurers consider whether the animal strike caused a sudden, unexpected impact, and whether medical evidence supports a sustained injury.
What Insurers Consider When Evaluating a Claim
Insurers assess wildlife strike claims using several factors under the CTP scheme. First, they determine whether the incident qualifies as a motor accident under the Motor Accident Injuries Act 2017. This includes single-vehicle crashes where a driver swerves to avoid or strikes a wild animal, such as a kangaroo, wallaby, or emu, on a public road. The location matters: strikes on private property, driveways, or in remote areas not maintained by Transport for NSW may not be covered unless the vehicle was lawfully on a public road at the time of impact.
Second, insurers examine whether the injury is a threshold injury under the Act. This includes soft tissue injuries, such as whiplash, or injuries to the neck, back, or shoulders, if they result in a permanent impairment of at least 10% of the whole person. A spinal nerve-root injury that causes neurological signs other than radiculopathy may still qualify as a soft-tissue injury under the Motor Accident Guidelines. If the injury does not meet the threshold, the claimant may still receive treatment and care benefits and weekly income payments, but cannot claim damages for pain and suffering.
Third, insurers review the timing and nature of medical treatment. Delayed reporting, inconsistent symptoms, or lack of objective clinical findings may lead to a claim being disputed. Insurers also assess whether the driver’s actions were reasonable, such as swerving to avoid an animal, which may affect fault determinations, though fault does not bar access to statutory benefits.
Evidence That Supports a Claim
To strengthen a claim, claimants should preserve and provide the following evidence:
- A police report, if one was filed at the scene
- Photographs or video of the vehicle damage, animal remains, and road conditions
- Medical records showing the date of injury, diagnosis, treatment, and any ongoing symptoms
- A written statement from a witness, if available
- Details of any lost income, including payslips or employer letters
- A report from a medical practitioner confirming the injury and its link to the accident
In regional NSW, access to medical services may be limited, so early documentation of symptoms and treatment is critical. Insurers may request an independent medical assessment to verify the injury’s existence and severity. Failure to attend a scheduled assessment may result in a claim being delayed or denied.
How Insurers Make Decisions and What You Can Do
Insurers decide whether to accept a claim based on the evidence and legal criteria. If a claim is rejected, the insurer must provide a written reasons statement under the Motor Accident Injuries Regulation 2017. Common grounds for rejection include: no injury, injury not linked to the accident, or injury not meeting the threshold for damages. In some cases, insurers may dispute the nature or timing of the injury, particularly if symptoms emerged days or weeks after the incident.
If your claim is rejected, you may seek a review through the insurer’s internal dispute resolution process. If unresolved, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. You may also seek a review by the State Insurance Regulatory Authority (SIRA), which oversees CTP claims in NSW.
A hypothetical example: A driver on a regional road in the Central West of NSW swerved to avoid a kangaroo, lost control, and collided with a tree. The driver sustained neck pain and was diagnosed with a soft-tissue injury. Medical records show treatment within 48 hours, and a medical report confirms a 12% whole person impairment. The insurer initially denied damages on the grounds that the injury was not severe enough, but the claimant provided a second medical opinion and a police report confirming the animal strike. The claim was later accepted.
Time Limits and Next Steps
There are time limits for making a CTP claim. You must notify your insurer within 3 months of the accident, or within 12 months if you are claiming for damages. Failure to meet these deadlines may prevent you from receiving compensation. The 3-month notice period applies to treatment and care benefits and weekly income payments. The 12-month deadline for damages claims is strict and cannot be extended unless a court grants leave.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.