How NSW CTP Insurers Evaluate Wildlife Strike Claims
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).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
When a driver hits a wildlife animal on NSW roads, determining liability under the Compulsory Third Party (CTP) scheme depends on specific legal tests. Insurers in the Newcastle and Hunter regions assess claims by examining whether the driver owed a duty of care, whether the collision was unavoidable, and whether the injury meets the threshold for compensation. Wildlife strikes are treated as single-vehicle accidents, and fault is determined based on the driver’s actions, not the animal’s behavior.
Key Factors in Wildlife Strike Liability Assessments
NSW insurers evaluate wildlife collision claims using the Motor Accident Injuries Act 2017 and SIRA guidelines. Key considerations include:
- Duty of care: Was the driver acting responsibly under the circumstances? For example, was the vehicle speeding, or was the driver distracted?
- Avoidability: Could the collision have been prevented with reasonable care? This depends on factors like road conditions, time of day, and vehicle speed.
- Threshold injury: The injury must meet the soft-tissue or whole-person impairment thresholds outlined in the Motor Accident Guidelines. For instance, a minor collision with no visible injury may not qualify for benefits.
- Regional wildlife patterns: Insurers in Newcastle and Hunter may consider local wildlife behavior, such as kangaroo crossings or deer activity, when assessing avoidability.
Practical Steps for Wildlife Strike Claims
To support a claim, injured drivers should:
- Document the accident with photos, witness statements, and police reports.
- Seek immediate medical attention, even if injuries seem minor.
- Preserve evidence of income loss, treatment costs, and any impact on daily life.
- Notify their insurer promptly, as delays may affect benefit eligibility.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident if the injury is a threshold injury. For non-threshold injuries, the 52-week limit does not apply, but insurers may still dispute claims based on contributory fault. If an insurer denies a claim, the injured party may need to request a review or seek independent legal advice to challenge the decision.
When to Seek Legal Advice
Drivers in Newcastle and Hunter should consult a solicitor if:
- The insurer disputes liability or denies the claim.
- The injury involves long-term consequences, such as chronic pain or mobility issues.
- There are disputes over contributory fault, such as whether the driver was distracted.
Example: Kangaroo Collision in the Hunter Region
A driver in the Hunter region collided with a kangaroo at night. The insurer assessed liability by considering whether the driver was speeding, whether the road had adequate lighting, and whether the kangaroo’s behavior was foreseeable. The claim succeeded because the driver had not breached their duty of care, and the injury met the soft-tissue threshold.
Next Steps
CTP claims involving wildlife collisions depend on the specific facts of the accident, the nature of the injury, and the insurer’s interpretation of the law. To understand your options, complete the quick, no obligation enquiry form. Every claim depends on its own facts.