Understanding Wildlife Strike Claims in NSW CTP Compensation
A motor vehicle accident involving a wildlife animal on a New South Wales road may result in a claim under the Compulsory Third Party (CTP) insurance scheme. The Personal Injury Commission (PIC), which oversees dispute resolution under the Motor Accident Injuries Act 2017, expects claimants to provide clear evidence that the collision occurred, that injuries were sustained as a direct result, and that the animal was not deliberately avoided or evaded. Disputes often arise over whether the impact was unavoidable, whether injuries were caused by the accident, or whether the claimant contributed to the incident through negligence. The PIC does not assume fault in these cases but requires factual and medical evidence to assess whether benefits or damages are warranted.
Legal Framework for Wildlife Strike Claims
All CTP claims in NSW, including those involving wildlife strikes, are governed by the Motor Accident Injuries Act 2017 (MAIA). This law sets out the framework for entitlement to treatment and care benefits, weekly income payments, and damages. The PIC’s role is to determine whether a claim is valid and whether a person is entitled to compensation under the Act. A wildlife strike does not automatically exempt a claimant from the threshold injury provisions. If injuries are limited to soft tissue or minor trauma, the claim may still be subject to the 52-week limit on statutory benefits unless a threshold injury is established.
The PIC expects claimants to demonstrate that the animal strike was not a result of driving recklessly or in a way that contravened road safety laws. The presence of a wildlife warning sign or a known animal crossing area may be considered, but it does not absolve the driver of responsibility to maintain control of the vehicle. The PIC will assess whether the driver took reasonable steps to avoid a collision, including whether evasive action was possible and safe under the circumstances.
Evidence That Matters in Disputes
The PIC relies on objective evidence to resolve disputes in wildlife strike claims. Key documents and records include:
- A police report or incident record, if one was filed at the scene
- Photographs or video footage of the accident site, vehicle damage, and any animal remains
- Medical records detailing the nature and timing of injuries, including diagnostic imaging (X-rays, MRI) and clinical assessments
- A statement from a medical practitioner confirming that injuries were sustained during the accident and not pre-existing
- A witness statement, if available, describing the animal’s movement and the driver’s actions
- A vehicle inspection report, particularly if the airbag deployed or the steering was impacted
The PIC may also request a review of the claim by an independent medical assessor, especially where there is a dispute about the severity or causation of injuries. Claimants must preserve all evidence from the time of the accident, including text messages, GPS data, and mobile phone records that may indicate the time and location of the incident.
Dispute Resolution and Review Pathways
If a claim is denied or a benefit amount is disputed, the PIC provides a formal review process. A claimant may request an internal review within 28 days of receiving a decision. The review will assess whether the original decision was correct based on the evidence provided. If the review confirms the original decision, the claimant may apply to the Personal Injury Commission for a merits review. This process is not a re-trial but a review of the evidence and legal interpretation.
For medical disputes, the PIC may direct that a second opinion be obtained from a specialist medical practitioner. The claimant must cooperate with this process. A challenge to a medical assessment does not guarantee a change in outcome. The PIC will consider whether the new assessment is consistent with the medical evidence and whether it provides a more accurate view of the injury’s nature and impact.
Time Limits and Procedural Requirements
A claim for compensation must be made within 3 years of the accident date. This time limit applies to both statutory benefits and claims for damages. If a claim is not made within this period, the right to compensation may be lost. The PIC does not extend this deadline unless there are exceptional circumstances, such as a serious mental health condition that prevented the claimant from understanding or acting on their rights.
In wildlife strike cases, delays in seeking medical treatment may be scrutinised. The PIC expects claimants to seek medical attention as soon as possible after an accident. A delay of more than 48 hours may raise questions about the connection between the injury and the accident, unless a valid reason is provided.
Practical Steps for Claimants
If you were involved in a wildlife strike on a NSW road and believe you have sustained injuries, take the following steps:
- Seek medical attention immediately and keep all records
- Report the incident to the police if possible, and obtain a copy of the report
- Take photographs of the vehicle damage, the scene, and any animal remains
- Collect contact details of any witnesses
- Notify your CTP insurer as soon as possible
- Preserve all correspondence and documentation
A hypothetical example: A driver on the Pacific Highway near Port Macquarie swerved to avoid a kangaroo, lost control, and collided with a tree. The driver sustained whiplash and neck pain. Medical records confirmed a soft tissue injury within 24 hours of the accident. The CTP insurer initially denied treatment benefits, citing a lack of evidence that the injury was caused by the impact. After the claimant submitted a police report, a medical report from a specialist, and photographs of the vehicle’s front end, the PIC upheld the claim and approved treatment and care benefits.
Next Steps
The outcome of a wildlife strike claim depends on the nature of the injuries, the evidence available, and whether the claimant met procedural requirements. The PIC expects a high standard of documentation and will assess each claim on its own facts. Disputes are resolved through review and merits processes, not by automatic approval.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.