Understanding Wildlife Strikes in NSW CTP Claims
A motor accident involving a collision with a wildlife animal on a NSW road may give rise to a claim under the Compulsory Third Party (CTP) insurance scheme. This includes incidents where a driver swerves to avoid an animal and loses control, or where a vehicle strikes an animal such as a kangaroo, wallaby, or emu. The Motor Accident Injuries Act 2017 and associated regulations govern these claims, and the State Insurance Regulatory Authority (SIRA) provides the authoritative framework for determining eligibility and entitlements.
SIRA does not define a 'wildlife animal strike' in a separate statutory term, but treats such events as motor vehicle accidents under the same legal principles that apply to any other collision. The key issue is whether the incident meets the legal definition of a motor accident, which requires that a motor vehicle was involved in a collision, or an event that caused a vehicle to move unexpectedly, resulting in injury or damage.
What Must Be Proven for a Claim
To establish a claim for a wildlife strike, the injured person must demonstrate that:
- The event occurred on a road or road-related area in NSW;
- A motor vehicle was involved;
- The driver took evasive action or struck an animal, resulting in injury;
- The injury was caused by the accident, not by a pre-existing condition.
SIRA’s guidance confirms that CTP compensation is available regardless of fault, provided the injury occurred in a motor accident as defined by law. This means that even if the driver was not at fault, or if the animal was not on a road at the time, a claim may still be valid if the accident met the statutory definition.
Evidence Required to Support a Claim
Sufficient evidence is critical to establish the occurrence and nature of the accident. The following records are typically required:
- Medical records detailing the injury, treatment, and any ongoing impact on daily life;
- A police report, if one was filed at the scene or later;
- Photographs of the vehicle damage, road conditions, and any animal remains at the scene;
- Witness statements, if available, confirming the animal was present and the driver’s evasive action;
- A statement from the driver describing the sequence of events, including the animal’s movement and the vehicle’s response;
- A report from a medical practitioner confirming the injury was caused by the accident, not by pre-existing factors.
In Albury and regional NSW, where roads are often remote and police may not attend, obtaining a formal report is not always possible. In such cases, a detailed personal statement supported by photographic and medical evidence can be sufficient.
How SIRA Assesses Compensation
SIRA assesses compensation based on the Motor Accident Injuries Act 2017 and the Motor Accident Injuries (Compensation) Regulation 2017. The type and amount of compensation depend on the nature and severity of the injury, and whether it meets the threshold for damages.
For injuries that are not classified as threshold injuries (such as soft tissue injuries with no neurological signs, or injuries that do not result in a permanent impairment), the claimant may receive treatment and care benefits and weekly income payments, but not damages. These benefits are generally limited to 52 weeks if the only injuries are threshold injuries, as per section 4.4 of the Act.
If the injury results in a permanent impairment, or if it meets the threshold for damages (such as a spinal nerve-root injury with neurological signs other than radiculopathy), a claim for damages may be pursued. In such cases, the claimant may seek compensation for pain and suffering, loss of income, and future care needs.
Time Limits and Procedural Requirements
A claim must be made within the time limits set by law. While SIRA does not prescribe a fixed deadline for all claims, the Motor Accident Injuries Act 2017 provides that a claim for damages must be commenced within three years of the accident. For treatment and care benefits, the claim must be made within 12 months of the accident, or within 12 months of the date the injury was first diagnosed, whichever is later.
Failure to meet these time limits may result in the claim being barred. In Albury and surrounding areas, where access to medical services may be delayed, it is important to notify the insurer as soon as possible after the accident, even if the injury is not immediately apparent.
When to Seek Independent Advice
A wildlife strike may involve complex medical and legal issues, particularly if the injury is not immediately visible or if symptoms develop over time. For example, a driver who swerves to avoid a kangaroo and suffers a whiplash injury may not realise the full impact for several weeks.
In such cases, it is advisable to seek independent legal advice before making a claim. This is especially important if:
- The insurer disputes the link between the injury and the accident;
- The injury is classified as a threshold injury, and the claimant wishes to challenge the assessment;
- The claimant has a pre-existing condition that may affect the outcome;
- The claim involves a dispute over the extent of impairment or future care needs.
A Realistic Example
A driver in Albury was travelling on a rural road at night when a large kangaroo jumped in front of the vehicle. The driver swerved to avoid it, lost control, and collided with a tree. The driver sustained a neck injury and was treated for whiplash. Medical records confirmed the injury occurred at the time of the accident. The driver submitted a claim for treatment and care benefits and weekly income payments. After 52 weeks, the insurer proposed to cease payments, but the driver had a permanent impairment of 12% whole person impairment (WPI) confirmed by an independent medical assessment. The driver then applied for damages under the threshold injury provisions, which were accepted.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.