Wildlife strikes on NSW roads are treated under the same Compulsory Third Party (CTP) rules as other motor accidents. Insurers assess liability by determining fault, the nature of injuries, and whether the incident meets the legal threshold for compensation. In Bankstown, as elsewhere, the key is proving that the accident involved a motor vehicle and that the injury or damage resulted from the collision with an animal. This article explains how insurers evaluate these claims, what evidence matters, and when to seek legal advice.
How NSW CTP Insurers Assess Liability in Wildlife Strikes
Under the Motor Accident Injuries Act 2017, CTP insurers must cover injuries caused by motor vehicles, including collisions with animals. Fault is determined by whether the driver breached a duty of care, such as failing to slow down in a wildlife corridor or not maintaining proper vigilance. Insurers consider factors like:
- Nature of the collision: Was the animal struck due to driver error, environmental conditions, or unavoidable circumstances?
- Injury severity: Does the injury meet the 'threshold injury' definition under the Motor Accident Guidelines? For example, a soft tissue injury with spinal nerve-root involvement may qualify.
- Contributory fault: If the driver contributed to the accident (e.g., speeding), compensation may be reduced.
SIRA (State Insurance Regulatory Authority) provides guidelines for assessing claims, emphasizing that insurers must act reasonably and consider all evidence.
Practical Steps and Evidence for Wildlife Strike Claims
To support a claim, gather:
- Accident report: Document the time, location, and conditions. Note if the animal was on private property (e.g., a farm) or a public road.
- Witness statements: Statements from other drivers, pedestrians, or local authorities can clarify fault.
- Medical records: Show how the injury relates to the collision. For example, a fractured leg from hitting a kangaroo would be relevant.
- Photographs: Images of the animal, damage to the vehicle, and the accident scene.
- Insurer correspondence: Keep records of all communications with the at-fault driver’s insurer.
A hypothetical example: A driver in Bankstown hits a deer on a rural road. The insurer investigates whether the driver was speeding or distracted. If the deer was on the road (not a private property), fault may be attributed to the driver. If the deer suddenly darted into the lane, the driver’s responsibility may be limited.
Time Limits, Disputes and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident, though this period may be extended for complex cases. After 52 weeks, weekly benefits and treatment payments may stop unless the injury meets higher impairment thresholds. If the insurer disputes liability or the claimant’s entitlement, legal advice is essential. SIRA’s guidelines state that insurers must provide written reasons for denying claims, and claimants can escalate disputes through the NSW Civil and Administrative Tribunal (NCAT).
Next Steps
Wildlife strikes are treated like any other CTP claim, but the unique circumstances require careful evidence collection. If your claim is contested, or if you’re unsure about your entitlements, seek professional advice. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.