Understanding CTP Claims After a Wildlife Strike in NSW
A collision with a wildlife animal on a NSW road may result in injury, vehicle damage, or both. If you were injured or your vehicle was damaged in such an incident, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. This scheme covers injuries and property damage arising from motor vehicle accidents, including those involving animals. However, common mistakes during the claims process can delay or reduce your entitlement. These include failing to report the incident promptly, not preserving evidence, or misunderstanding the rules about injury thresholds and claim eligibility.
Key Legal Framework for Wildlife Strike Claims
All CTP claims in NSW are governed by the Motor Accident Injuries Act 2017 (MAIA), which sets out the rules for compensation. The scheme applies regardless of fault, meaning you may still be eligible for benefits even if you were not at fault. However, eligibility for damages, such as for pain and suffering or loss of income, depends on whether your injuries meet a legal threshold. This threshold applies to all motor accident claims, including those involving animal strikes.
If your injuries are classified as 'threshold injuries', you may still receive treatment and care benefits and weekly income payments, but damages are generally not available unless your injuries exceed the threshold. The Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines define these injuries, including soft tissue injuries and some neurological conditions. A spinal nerve-root injury that causes neurological signs other than radiculopathy may still qualify as a threshold injury under the Guidelines.
Common Mistakes to Avoid in Your CTP Claim
Failing to report the accident within a reasonable time can affect your claim. While there is no fixed deadline for notifying your insurer, delays may make it harder to verify the incident. Always report the strike to your insurer as soon as possible, and keep a record of the date and time of notification.
Another common mistake is not collecting and preserving evidence. Photographs of the animal, the vehicle damage, and the road conditions at the scene can help establish the nature of the incident. If you were driving, keep a log of your journey and any sudden evasive actions. Witness statements, if available, are valuable. Also, keep all medical records, including reports from your treating medical practitioner, as they are essential to proving injury and its connection to the accident.
Failing to seek medical treatment promptly after the strike may also weaken your claim. Delayed treatment can raise questions about whether the injury was caused by the accident. Even if you feel uninjured at the time, a medical assessment is advisable, as some injuries, such as whiplash or internal trauma, may not appear immediately.
What You Can Claim After a Wildlife Strike
Under the CTP scheme, you may be entitled to several types of benefits. These include:
- Treatment and care benefits to cover medical and allied health services
- Weekly income payments if you are unable to work due to injury
- A lump sum for permanent impairment, if assessed
- Damages for pain and suffering, loss of enjoyment of life, and loss of income, but only if your injuries exceed the threshold
If your injuries are limited to threshold injuries, weekly benefits and treatment and care benefits are generally limited to 52 weeks under the MAIA. This does not mean benefits stop automatically; a review may occur if ongoing treatment is required. However, damages for non-economic loss are not available in such cases.
Time Limits and Dispute Options
There is no fixed time limit to begin a CTP claim, but delays may affect your ability to gather evidence or obtain witness statements. It is best to act promptly.
If your claim is rejected or you disagree with the insurer’s assessment of your injuries or benefits, you may request a review. You can also apply to the Civil and Administrative Tribunal (NCAT) for a determination on disputed matters, including the assessment of impairment or the amount of weekly payments. The Motor Accident Injuries Regulation 2017 sets out the procedures for these reviews.
When to Seek Independent Advice
A wildlife strike may involve complex factors, such as whether the animal was on a public road, whether the driver took reasonable evasive action, or whether the injury was caused by the impact or a subsequent manoeuvre. These issues can affect your entitlement to benefits.
For example, if you swerved to avoid an animal and collided with a barrier or another vehicle, the insurer may assess whether your actions were reasonable. If you were injured during such a manoeuvre, it may still be compensable, but the insurer may challenge the link between the injury and the original strike.
A realistic example: A driver on the M1 near Bathurst struck a kangaroo at night. The vehicle veered off the road and hit a tree. The driver sustained a neck injury and was treated for whiplash. The insurer initially denied damages because the injury was classified as a threshold injury. However, the driver had medical evidence showing ongoing neurological symptoms not explained by radiculopathy, which may allow for a damages claim under the Motor Accident Guidelines.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.