Wildlife Strikes and CTP Claims on the Central Coast
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 were involved in a wildlife strike accident on the Central Coast, understanding what the Personal Injury Commission (PIC) expects in disputes is critical. Wildlife strikes, such as hitting a deer, kangaroo, or bird, are treated as motor accidents under NSW’s Compulsory Third Party (CTP) scheme. However, disputes often arise over injury severity, evidence, and claim eligibility. This article explains how the PIC assesses such claims, what evidence matters, and how to navigate disputes.
How the PIC Handles Wildlife Strike Claims
Under the Motor Accident Injuries Act 2017, wildlife strikes are considered motor accidents if they occur on a road, car park, or other public area. The PIC evaluates claims based on the Motor Accident Guidelines, which define injuries like soft tissue damage, spinal nerve-root injuries, and whole-person impairment. For example, a spinal nerve-root injury producing neurological signs (even without radiculopathy) may qualify as a threshold injury under the guidelines.
If the PIC disputes the injury’s severity, claimants must provide medical evidence showing the injury meets the threshold. This includes medical reports documenting symptoms, treatment, and how the injury impacts daily life. The PIC may also require evidence that the accident was caused by an animal, such as witness statements, photographs, or police reports.
Evidence Required for Wildlife Strike Claims
To support a wildlife strike claim, you must gather specific evidence:
- Accident details: Police reports, traffic camera footage, or witness statements confirming the animal was involved.
- Medical records: Documentation of injuries, treatments, and how the accident affected your health.
- Photographs: Images of the animal, damage to your vehicle, and the accident scene.
- Income records: Proof of lost wages or reduced earning capacity if the injury impacts your work.
The PIC may challenge claims where evidence is incomplete or inconsistent. For example, if a claimant fails to report the incident promptly or lacks medical records, the PIC may dispute the claim’s validity.
PIC Expectations in Disputes
When disputes arise, the PIC follows a structured process:
- Initial assessment: The PIC reviews the claim and may request additional evidence.
- Medical review: A medical expert may assess the injury’s severity against the Motor Accident Guidelines.
- Internal review: If the claimant disagrees with the PIC’s decision, they can request a review by the PIC’s internal team.
- Final determination: The PIC has the authority to make the final decision, and challenges do not guarantee a changed outcome.
The PIC expects claimants to:
- Submit all evidence promptly.
- Cooperate with medical assessments.
- Address disputes through the PIC’s formal review process rather than external legal action.
Hypothetical Example: A Wildlife Strike Dispute
Imagine a driver on the Central Coast hits a kangaroo at night. The driver sustains soft tissue injuries and requires medical treatment. The PIC initially disputes the injury’s severity, arguing it does not meet the threshold. The claimant provides medical records showing prolonged pain and limited mobility, proving the injury meets the guidelines. After a medical review, the PIC adjusts the claim to reflect the injury’s impact. This example highlights how evidence and medical assessments are central to resolving disputes.
Time Limits and Next Steps
Claims must be submitted within 52 weeks of the accident. If the only injuries are threshold injuries, benefits stop after 52 weeks. If the claimant’s injuries exceed the threshold, benefits continue based on the whole-person impairment rating. Disputes must be resolved within these timeframes, making prompt action essential.
When to Seek Legal Advice
If the PIC denies your claim or disputes the injury’s severity, you may need to seek legal advice. A solicitor can help challenge the PIC’s decision, request a review, or explore alternative remedies. However, legal action is not automatic and depends on the specific circumstances.
Next Steps for Claimants
If you are involved in a wildlife strike accident on the Central Coast, take these steps:
- Report the incident to the police and obtain a report.
- Seek medical attention and document all treatments.
- Gather evidence of the animal strike, such as photographs and witness statements.
- Submit your claim to the PIC within 52 weeks.
- Address any disputes through the PIC’s review process.
Final Advice
Wildlife strike claims are complex, and the PIC has specific expectations for evidence and dispute resolution. If you are unsure how to proceed, seek guidance from a qualified solicitor. Every claim depends on its own facts, and the PIC’s decisions are not always appealable. To request contact about your circumstances, complete the quick, no obligation enquiry form.