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).
When a motor vehicle accident involves a wildlife strike, NSW insurers assess liability under the Motor Accident Injuries Act 2017 (MAIA). This article explains how insurers evaluate claims, the factors they consider, and practical steps for claimants. Understanding these principles is essential for anyone involved in a wildlife-related accident.
How NSW CTP Insurers Assess Liability
Under the MAIA, CTP insurers must pay compensation if the accident involves a motor vehicle and a person suffers injury. For wildlife strikes, insurers evaluate liability by determining whether the accident was caused by a motor vehicle and whether the injured party meets the threshold injury criteria. SIRA (State Insurance Regulatory Authority) oversees claims and assesses whether the incident qualifies as a 'motor accident' under the scheme.
Insurers typically consider three key factors: the driver's actions, the circumstances of the strike, and whether the animal was a known hazard. For example, if a driver was speeding or distracted, the insurer may attribute more fault to the driver. Conversely, if the animal suddenly darted into the road without warning, the driver's liability may be limited. SIRA's role is to interpret these factors based on the specific facts of each case.
Practical Steps and Evidence for Wildlife Strike Claims
To support a claim, injured parties should gather evidence such as:
- Police reports documenting the accident
- Witness statements from drivers or pedestrians
- Photographs of the animal and damage to the vehicle
- Medical records confirming injuries
- A detailed account of the incident, including the time, location, and conditions
Insurers may also request a medical assessment to determine whether the injuries meet the 'threshold injury' definition under the Motor Accident Guidelines. This includes injuries like whiplash, soft tissue damage, or spinal nerve-root injuries that produce neurological signs. SIRA uses these guidelines to evaluate whether a claim qualifies for benefits.
Time Limits, Disputes and When to Seek Advice
CTP claims must be submitted within 52 weeks of the accident for certain benefits, such as weekly income payments. However, claims for treatment and care benefits can be made at any time if the injuries are not 'threshold injuries.' If an insurer disputes liability, claimants should seek legal advice promptly. SIRA provides a dispute resolution process, but complex cases often require a solicitor to challenge an insurer's decision.
Wildlife strike claims are unique because they involve unpredictable events. Insurers may challenge claims by arguing the driver was negligent or the animal was not a 'known hazard.' In such cases, evidence of the driver's actions and the animal's behavior is critical. For example, if a driver swerved to avoid a deer but collided with a tree, the insurer may assess whether the driver's actions contributed to the accident.
Example: A Wildlife Strike Claim in Practice
Consider a scenario where a driver hits a kangaroo on a rural road. The driver was not speeding and had no prior history of incidents. The kangaroo's sudden movement into the road caused the collision. In this case, the insurer would evaluate whether the driver's actions were reasonable under the circumstances. SIRA would assess whether the kangaroo's presence was a known hazard and whether the driver's response was appropriate. If the injuries meet the threshold injury criteria, the claimant would be eligible for treatment and care benefits.
Next Steps for Claimants
If you've been involved in a wildlife strike accident, it's essential to act quickly. Document the incident, seek medical attention, and notify your insurer. However, time limits and procedural requirements mean delays can reduce your options. For personalized advice, complete the quick, no obligation enquiry form to request contact about your circumstances.