Wildlife Strikes, Common Mistakes to Avoid in NSW
If you've been involved in a wildlife collision in New South Wales, you may be unaware of the specific rules that apply to these claims. Wildlife strikes, such as hitting a kangaroo, deer, or bird, are treated under the same Compulsory Third Party (CTP) scheme as other motor accidents, but rural and remote areas present unique challenges. This article explains the most common mistakes people make when claiming compensation after a wildlife collision and how to avoid them.
Key CTP Rules for Wildlife Collisions
Under the Motor Accident Injuries Act 2017, all CTP claims, including those involving wildlife, are governed by the same statutory framework. This means:
- Fault does not matter: You can claim compensation even if you were at fault, as long as the accident was caused by a motor vehicle.
- Threshold injuries apply: If your injuries meet the definition of a 'threshold injury' (such as soft tissue injuries or minor fractures), you may be eligible for weekly benefits and treatment costs.
- Time limits apply: You must notify your insurer within 52 weeks of the accident to claim benefits for threshold injuries. For claims involving whole person impairment (WPI) or long-term injuries, you must notify within 10 years.
SIRA (State Insurance Regulatory Authority) administers these claims. Wildlife collisions are treated the same as other CTP claims, but rural areas may have fewer resources for evidence collection or medical support.
Common Mistakes to Avoid
1. Failing to Document the Incident
In rural areas, it can be easy to overlook the importance of documenting the accident. Key steps include:
- Taking photos of the damage to your vehicle and the animal (if safe to do so).
- Writing down details of the incident, including time, location, and weather conditions.
- Keeping a record of any witnesses or phone numbers.
Without proper documentation, insurers may dispute the claim, especially if the collision involves a rare animal or occurs in an isolated area.
2. Delaying Medical Attention
Injuries from wildlife collisions can be severe, even if they appear minor. For example, a collision with a kangaroo may cause internal bleeding or spinal injuries. Delaying medical treatment can:
- Reduce your chances of claiming benefits for threshold injuries.
- Affect your eligibility for long-term compensation if the injury worsens.
SIRA requires medical evidence to confirm the nature and severity of injuries. If you wait too long to seek treatment, your claim may be denied.
3. Missing the 52-Week Deadline
If your injuries are limited to threshold injuries (such as a bruised shoulder or minor cut), you must notify SIRA within 52 weeks of the accident. After this period, you will no longer be eligible for weekly benefits or treatment costs. This rule applies even if you later develop a more serious injury.
For example, if you hit a deer and suffer a sprained ankle, but later develop chronic pain requiring surgery, you will not be able to claim for the chronic pain if you missed the 52-week deadline for the sprain.
4. Not Understanding SIRA’s Role
SIRA administers all CTP claims in NSW. This means:
- You must submit your claim to SIRA, not directly to the at-fault driver’s insurer.
- SIRA has the authority to assess the value of your claim, including whether it meets the threshold injury definition.
In rural areas, some people mistakenly believe they can claim directly from the driver’s insurance company. This is incorrect, all claims must go through SIRA.
Special Considerations for Rural and Remote Areas
1. Limited Access to Medical Services
In remote NSW, access to medical facilities may be limited. If you are injured in a wildlife collision, it is crucial to:
- Seek medical attention as soon as possible, even if it means traveling to the nearest town.
- Keep a record of all medical appointments, treatments, and expenses.
SIRA may require medical reports from a registered medical practitioner to support your claim.
2. Difficulty in Collecting Evidence
In rural areas, it can be harder to find witnesses or obtain a police report. To overcome this:
- Use GPS data from your vehicle to establish the location and time of the accident.
- If possible, contact local wildlife authorities or rangers for assistance.
3. Unique Challenges in Claiming Compensation
Wildlife collisions are less common than car-to-car accidents, so some insurers may be less familiar with the claims process. This can lead to:
- Delays in processing your claim.
- Requests for additional documentation.
It is important to be proactive and provide all necessary evidence to support your claim.
What Evidence Matters Most?
To avoid claim rejections, gather the following evidence:
- Accident report: If a police officer attended the scene, obtain a copy.
- Witness statements: Even a single witness can help establish the circumstances of the collision.
- Medical records: Include details of all injuries, treatments, and medical opinions.
- Vehicle damage photos: Show the extent of damage to your vehicle.
- Insurance correspondence: Keep copies of all communications with SIRA or your insurer.
When to Seek Legal Advice
If your claim is denied or you are unsure about your rights, it is important to seek legal advice. A solicitor can:
- Help you understand the full value of your claim.
- Challenge a decision if you believe it is unfair.
- Ensure you meet all deadlines and requirements.
However, legal advice is not always necessary. Most claims can be resolved through SIRA’s claims process if you provide the correct evidence.
Final Steps
If you’ve been involved in a wildlife collision in rural NSW, take the following steps:
- Document the incident immediately.
- Seek medical attention as soon as possible.
- Notify SIRA within 52 weeks if your injuries are threshold injuries.
- Gather all relevant evidence to support your claim.
- Contact a solicitor if you need further assistance.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.