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).
If you've been involved in a wildlife animal strike accident in Albury NSW, preparing for medical assessments is a critical step in understanding your potential compensation under the NSW Compulsory Third Party (CTP) scheme. Wildlife collisions, such as hitting a deer, kangaroo, or bird, are treated under the same CTP rules as other motor accidents, but specific documentation and evidence are required to support your claim. This article explains how to prepare for medical assessments, what evidence matters, and how SIRA handles these unique incidents.
NSW CTP Rules for Wildlife Collisions
Under the Motor Accident Injuries Act 2017, all motor vehicle accidents involving injuries, including those caused by wildlife, are covered by the NSW CTP scheme. SIRA (State Insurance Regulatory Authority) administers claims, and the process is the same as for standard motor accidents. However, wildlife collisions may require additional evidence to prove the injury was caused by the accident, not pre-existing conditions. For example, if you hit a kangaroo and later develop soft tissue injuries, medical records must clearly link the injuries to the collision.
Practical Steps for Medical Assessments
To prepare for medical assessments, gather the following:
- Medical records: Ensure your doctor documents symptoms, treatment, and how the injury relates to the wildlife strike. SIRA may request imaging or specialist reports.
- Accident details: Record the time, location, and circumstances of the collision. For example, if you hit a deer on a rural road, note the weather and road conditions.
- Witness statements: If others saw the incident, their accounts can support your claim.
- Photographs: Take images of the wildlife remains, vehicle damage, and any visible injuries.
- Witnesses: If possible, collect names and contact details of witnesses.
SIRA Guidelines for Wildlife Claims
SIRA’s guidelines emphasize that injuries must be directly caused by the accident. For example, if you hit a bird and later develop a neck injury, your doctor must confirm the injury is related to the collision. SIRA also requires claims to be submitted within 52 weeks of the accident, unless an extension is granted. If your injuries fall below the 'threshold injury' level (e.g., minor soft tissue damage), benefits may be limited after 52 weeks, as per the Motor Accident Injuries Act 2017 s 4.4.
Time Limits and Disputes
You have 52 weeks from the accident date to submit a claim to SIRA, unless you have a valid reason for delay. If your claim is disputed, SIRA may request a medical assessment to determine if your injuries meet the threshold for benefits. In such cases, independent medical opinions may be required, and you may need to seek legal advice to challenge a decision.
When to Seek Advice
If your injuries are severe or you’re unsure about your claim’s validity, consult a solicitor. For example, if you suffered a spinal nerve-root injury after a wildlife collision, your doctor must confirm it meets the 'neurological signs' criteria in the Motor Accident Guidelines. Legal advice can help ensure your claim is properly documented and submitted within time limits.
Example Scenario
Imagine a driver in Albury hits a kangaroo on a rural road. They later experience neck pain and seek medical attention. Their doctor documents the injury as a soft tissue strain linked to the collision. SIRA reviews the claim, considers the medical records, and approves treatment benefits. However, if the injury is below the threshold, benefits may stop after 52 weeks, requiring further assessment.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.