What the PIC Expects When Disputes Arise Over Wildlife Strikes in NSW
If you were involved in a motor accident in Greater Sydney that involved striking or swerving to avoid a wildlife animal, the Personal Injury Commission (PIC) will assess your claim under the Motor Accident Injuries Act 2017 (MAIA). The PIC expects claimants to provide clear evidence that the accident occurred on a public road, that the animal was not under human control, and that the collision or evasive action caused injury. Disputes often arise over whether the event qualifies as a motor accident under the Act, whether the injury was sustained as a direct result of the incident, and whether the claimant met the statutory thresholds for compensation. The PIC will not assume fault or blame; instead, it will focus on whether the injury was caused by the accident and whether the claimant has met the evidentiary standards required under the law.
Legal Framework for Wildlife Strike Claims in NSW
Under the Motor Accident Injuries Act 2017, a motor accident includes a collision with a wild animal on a public road, provided the vehicle was in motion and the driver took evasive action or was struck. The PIC will consider whether the animal was crossing or darting into the road, and whether the driver’s actions were reasonable under the circumstances. The law does not require the animal to have been on the road at the time of impact, a sudden appearance from the roadside may still qualify. However, the PIC will not accept claims where the vehicle was parked, or where the animal was on private property and not in a public roadway context. The claim must also fall within the CTP scheme, which applies to all motor vehicle incidents on public roads in NSW, including Greater Sydney.
Evidence the PIC Typically Requires in Disputes
When a dispute arises, the PIC will expect to see a range of evidence to assess whether the accident occurred and whether injury was sustained as a result. This includes:
- A police report or official accident record, if one was filed at the scene
- Photographs of the vehicle damage, road conditions, and any visible animal remains or markings
- Medical records from the time of the accident, including initial assessment and ongoing treatment
- A statement from a medical practitioner confirming the nature and timing of the injury
- Witness statements, if available, describing the animal’s movement and the driver’s actions
- A log of any delay in seeking medical treatment, along with a reason for the delay
The PIC will also review whether the injury meets the statutory threshold for damages. If the injury is classified as a threshold injury under the Motor Accident Injuries Regulation 2017, the claim may be limited to treatment and care benefits and weekly income payments, with damages capped unless the injury exceeds the threshold.
Time Limits and Dispute Pathways
A claim must be made within three years of the accident date, or within three years of the date the injury was first diagnosed, whichever is later. The PIC will not accept claims made after this period unless an extension is granted under exceptional circumstances. If a claim is disputed, the PIC will issue a formal decision. You may request an internal review within 28 days of receiving the decision. The review will be conducted by a different PIC officer and may result in a change to the original decision.
If the internal review is not satisfactory, you may apply to the Personal Injury Commission for a formal review. This process involves a medical assessment and a review of all evidence, including any new medical reports. The Commission may order a medical review if the injury is disputed or if the claim involves a threshold injury. The medical review will assess whether the injury is consistent with the accident and whether it meets the criteria under the Motor Accident Guidelines.
Common Dispute Issues in Greater Sydney
In Greater Sydney, disputes often focus on whether the driver’s actions were reasonable. For example, if a driver swerved to avoid a kangaroo on a suburban road and collided with a tree, the PIC will assess whether the swerve was a proportionate response to the threat. The Commission will not accept claims where the driver was distracted, speeding, or not wearing a seatbelt, as these factors may affect the assessment of reasonable conduct. However, the PIC will not dismiss a claim solely on the basis of driver conduct unless it directly contributed to the injury.
Another common issue is whether the injury was caused by the accident. The PIC will expect a medical practitioner to confirm that the injury, such as whiplash, back strain, or concussion, began immediately after the event and was not pre-existing. If the injury was diagnosed more than a week after the accident, the PIC may require a medical explanation for the delay.
Hypothetical Example: A Driver Avoids a Wallaby on the M4
A driver on the M4 motorway near Liverpool swerved to avoid a wallaby that jumped into the path of the vehicle. The car struck a barrier, and the driver sustained a neck injury. The driver sought medical treatment within 48 hours. The PIC initially denied the claim on the grounds that the injury was not severe enough to meet the threshold. The driver submitted a medical report from a specialist confirming a soft tissue injury with neurological signs consistent with a cervical spine injury. The PIC reviewed the evidence and accepted the claim, awarding treatment and care benefits and weekly income payments. The claim was later reviewed by the Commission, which confirmed the injury met the threshold criteria under the Motor Accident Guidelines.
When to Seek Independent Advice
The PIC’s decisions are binding unless challenged through the formal review process. However, a challenge does not guarantee a different outcome. The process can take several months, and the PIC may not accept new evidence unless it was not reasonably available at the time of the original decision. If you are unsure about the strength of your evidence, the nature of your injury, or the likely outcome, it is advisable to seek independent legal advice before initiating a review. The PIC does not provide legal advice, and claimants are responsible for ensuring all information submitted is accurate and complete.
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