Wildlife strikes on NSW roads can lead to disputes over compensation claims under the Compulsory Third Party (CTP) scheme. If you were injured in a wildlife-related accident, understanding what the PIC expects during disputes is critical. This article explains the legal framework, evidence requirements and practical steps for claimants in regional NSW.
What Evidence Supports a Wildlife Strike Claim?
To establish a claim, you must prove the accident involved a wildlife strike and that injuries resulted from it. Key evidence includes:
- Police or witness reports confirming the animal strike
- Medical records linking injuries to the incident
- Photographs of the scene showing animal remains or damage
- Statements from witnesses or experts
SIRA guidelines state that claims must demonstrate a 'direct connection' between the wildlife strike and injuries. For example, if a deer caused a collision, medical evidence must show the impact caused specific injuries.
How Do PICs Evaluate Wildlife Strike Disputes?
PICs assess wildlife strike claims using the same CTP rules as standard motor accidents, but with additional scrutiny. They may challenge claims where:
- The animal strike is not clearly documented
- Injuries appear unrelated to the incident
- There's no evidence of vehicle damage from the strike
In regional NSW, PICs may take longer to review claims due to limited resources. SIRA advises claimants to submit all evidence promptly and request a written explanation if disputes arise.
Key Differences in Regional vs Metropolitan Claims
Regional NSW claims often face unique challenges:
- Longer processing times due to fewer PIC staff
- Greater reliance on written evidence over witness statements
- Different thresholds for 'threshold injuries' under the Motor Accident Injuries Act 2017
PICs in regional areas may also apply stricter rules to 'soft tissue' injuries, requiring more detailed medical documentation. For example, a spinal nerve-root injury must produce neurological signs beyond radiculopathy to qualify as a threshold injury.
Practical Steps for Claimants
- Document the scene immediately: Take photos of the animal remains and vehicle damage
- Seek medical attention within 24 hours to establish injury timelines
- Submit all evidence to the PIC within 14 days of the accident
- Request a written explanation if the PIC disputes your claim
- Consider a medical review if the PIC challenges injury severity
Dispute Resolution Process
If a PIC disputes your claim, you can:
- Request an internal review within 28 days
- Apply to the Personal Injury Commission (PIC) for a medical review
- Seek independent medical evidence if the PIC challenges injury severity
Note: A challenge does not guarantee a changed decision. SIRA guidelines state that PICs must provide written reasons for rejections, but claimants should expect a thorough review process.
When to Seek Legal Advice
Consult a solicitor if:
- The PIC refuses to pay for essential treatments
- You receive a 'no claim' decision without explanation
- The PIC disputes the severity of your injuries
- You need help appealing a decision
Legal advice can help you understand your rights under the Motor Accident Injuries Act 2017 and ensure all evidence meets SIRA's requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.