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 New South Wales, preparing for medical assessments is critical to securing your CTP claim. Wildlife collisions, such as hitting a deer, kangaroo, or bird, can cause injuries that require specialist evaluation under NSW CTP laws. This article explains how to prepare for medical assessments, what documentation matters, and how SIRA evaluates claims involving animal strikes.
How Wildlife Strikes Differ in Medical Assessments
Wildlife strikes are treated under the same NSW CTP framework as other motor accidents, but the nature of the injury may require specific medical evidence. For example, soft tissue injuries from a collision with an animal may need to be assessed against the Motor Accident Guidelines (MAG) to determine if they meet the 'threshold injury' definition. SIRA requires medical professionals to document neurological signs, imaging results, and clinical findings to support claims.
Unlike typical motor accidents, wildlife strikes may involve unique injury patterns, such as spinal nerve-root damage or internal injuries not immediately visible. Medical assessments must clearly link the injury to the animal strike, not pre-existing conditions or other causes. This is why SIRA emphasizes the importance of specialist reports from accredited medical practitioners.
Key Documentation for SIRA Evaluation
To support your claim, gather the following:
- Medical records: Include all injury assessments, imaging (e.g., MRI, X-rays), and specialist reports. SIRA requires evidence of neurological signs or radiculopathy (nerve-related pain radiating down a limb) for threshold injuries.
- Accident report: Provide details of the strike, such as the type of animal, location, and time. This helps SIRA assess whether the injury could reasonably have occurred in a wildlife strike.
- Witness statements: Statements from witnesses can corroborate the incident and injury details.
- Photographs: Document the animal remains, vehicle damage, and any visible injuries.
- Income records: If your injury affects your ability to work, provide proof of lost wages.
Ensuring Medical Assessments Address Wildlife Injuries
A common mistake is assuming standard medical reports suffice. For example, a claimant who collided with a kangaroo and sustained soft tissue injuries may need a specialist to explain how the injury aligns with the MAG's spinal nerve-root criteria. SIRA may request a second opinion if the initial assessment appears incomplete.
Hypothetical example: Sarah collided with a deer on a rural road. Her medical team diagnosed soft tissue injuries but did not note neurological signs. SIRA requested a specialist review, which confirmed the injury met the threshold definition. This shows the importance of thorough documentation.
Time Limits and When to Seek Advice
Under the Motor Accident Injuries Act 2017, claims must be submitted within 52 weeks of the accident if only threshold injuries are involved. If your injury exceeds the threshold, you may have longer time limits, but delays can still affect your claim. If SIRA disputes your injury's severity or the link to the wildlife strike, seek legal advice promptly.
Next Steps
Preparing for medical assessments after a wildlife strike requires attention to detail and adherence to SIRA guidelines. If you're unsure how to proceed, contact a legal professional to ensure your claim meets all requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.