Wildlife Strikes and CTP Claims in NSW
If you've been involved in a wildlife strike accident in NSW, you may be eligible for compensation through the Compulsory Third Party (CTP) scheme. However, many people make avoidable errors that can harm their claim. This article explains the key mistakes to avoid, how SIRA handles wildlife collisions, and what evidence matters in Auburn.
Key CTP Rules for Wildlife Strikes
Under the Motor Accident Injuries Act 2017, wildlife strikes are treated as motor accidents if they involve a vehicle. SIRA administers claims under this scheme, which covers injuries caused by collisions with animals. However, the claim must meet specific criteria:
- The accident must have occurred on a road or in a car park
- The injury must be a 'threshold injury' (as defined in the Motor Accident Guidelines)
- The claimant must have been a driver, passenger, cyclist, or pedestrian
A common mistake is assuming all wildlife collisions qualify. For example, hitting a bird on a rural road may not meet the 'threshold injury' definition unless it results in soft tissue damage requiring medical treatment. SIRA assesses claims based on medical evidence, not the type of animal involved.
Evidence and Practical Steps
To support your claim, you must document:
- Medical records showing injuries caused by the strike
- Accident reports from the NSW Police or local authority
- Witness statements (if available)
- Photographs of the animal, damage to your vehicle, and the accident scene
- Vehicle registration and insurance details
A critical mistake is failing to report the incident within 52 weeks. Under section 4.4 of the Motor Accident Injuries Act 2017, weekly benefits stop after 52 weeks if the injuries are only threshold injuries. If your claim includes long-term impairments, you must provide medical evidence to justify ongoing payments.
Time Limits and Dispute Options
You have 52 weeks from the accident date to claim benefits for threshold injuries. For more serious injuries, you must notify SIRA within 52 weeks of the accident. If you miss this deadline, you may lose entitlement to weekly payments, though you can still seek compensation for permanent impairments.
Disputes often arise when claimants:
- Don't preserve evidence (e.g., delete photos of the animal)
- Fail to disclose pre-existing injuries
- Don't follow SIRA's instructions for medical assessments
If your claim is rejected, you can request a review through SIRA's internal process. In complex cases, independent medical opinions may be required to prove the injury's severity.
When to Seek Legal Advice
While SIRA handles most claims, you may need a solicitor if:
- Your injuries exceed the 'threshold injury' definition
- You've suffered long-term impairments
- The accident involved multiple parties (e.g., a hit-and-run)
- You're unsure about SIRA's assessment of your claim
A lawyer can help you navigate SIRA's requirements, challenge incorrect assessments, and ensure you receive all available benefits. However, legal advice is not a guarantee of success, each claim depends on its own facts.
Next Steps
CTP claims for wildlife strikes require careful attention to SIRA's rules. Missing key deadlines, failing to document injuries, or not preserving evidence can harm your entitlement. If you're in Auburn and need help with a wildlife strike claim, complete the quick, no obligation enquiry form to request contact about your circumstances.