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).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were involved in a wildlife strike accident on the Central Coast, understanding how SIRA applies NSW CTP rules is critical. Wildlife strikes, such as hitting a deer, kangaroo, or bird, are treated under the same statutory framework as other motor accidents. SIRA’s guidelines for claims, including documentation, fault assessment, and compensation, apply equally to these incidents. However, specific nuances may arise due to the unique environmental and geographic factors of the Central Coast.
Key CTP Rules Behind Wildlife Strike Claims
Under the Motor Accident Injuries Act 2017, all CTP claims, including those involving wildlife, are governed by the same statutory scheme. SIRA explains that fault is determined based on the standard ‘negligence’ test: whether the driver breached a duty of care, and whether that breach caused the accident. For wildlife strikes, SIRA emphasizes that drivers must account for known wildlife activity in the area. For example, if a driver ignores posted warnings about kangaroos on a rural road, this could impact fault assessment.
Practical Steps and Evidence for Wildlife Claims
To support a wildlife strike claim, you must provide:
- Accident details: Police reports, witness statements, and photographs of the scene.
- Wildlife evidence: Proof of the animal’s presence (e.g., local wildlife records, camera footage, or expert testimony).
- Medical records: Documentation of injuries, even if they appear minor. SIRA notes that soft-tissue injuries must meet the threshold injury criteria outlined in the Motor Accident Guidelines.
- Insurer communication: Keep records of all correspondence with the at-fault driver’s insurer.
SIRA advises that drivers involved in wildlife strikes should immediately notify their insurer and seek medical attention, even for seemingly minor injuries. This ensures all potential claims are preserved.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident, unless an extension is granted. For wildlife strikes, SIRA warns that delays in reporting or seeking medical care may jeopardize benefits. If your claim is disputed, SIRA recommends lodging a formal objection within 28 days of receiving a decision. You may also request a review by the Motor Accident Claims Tribunal if the insurer refuses to reconsider.
When to Seek Legal Advice
While SIRA provides general guidance, wildlife strike claims often require tailored analysis. For example, determining fault in a strike involving a protected species (like a kangaroo) may involve ecological experts. SIRA also notes that claims involving multiple parties, such as a pedestrian and a wildlife strike, must be assessed on a case-by-case basis.
Example Scenario
Consider a driver on the Central Coast who hits a deer at night. The driver had not activated headlights, and the deer was in a known wildlife corridor. SIRA would assess fault by considering whether the driver breached the duty of care (e.g., failing to use lights) and whether the deer’s presence was foreseeable. Medical records showing soft-tissue injuries would then determine eligibility for treatment benefits.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.