Understanding Wildlife Strikes in NSW CTP Claims
A motor vehicle accident involving a wildlife animal, such as a kangaroo, emu, or wallaby, on a regional NSW road may give rise to a claim under the Compulsory Third Party (CTP) insurance scheme. The State Insurance Regulatory Authority (SIRA) administers the CTP scheme in NSW and provides guidance on how these incidents are assessed. Unlike urban areas, regional roads often have higher speeds, limited lighting, and greater wildlife presence, which can affect the nature and severity of injuries. However, SIRA’s approach to claims arising from wildlife strikes follows the same legal framework as other motor accidents under the Motor Accident Injuries Act 2017. The key issue for claimants is not the location, but whether the accident was caused by a sudden, unexpected impact with an animal and whether the injury meets the criteria for compensation.
How SIRA Defines and Treats Wildlife Strikes
SIRA does not define a 'wildlife animal strike' as a distinct legal category. Instead, such incidents are treated as motor vehicle accidents under the CTP scheme. The critical factor is whether the driver’s actions were reasonable in response to the animal, and whether the collision resulted in injury. SIRA’s guidelines state that a driver who swerves to avoid an animal and collides with a fixed object or another vehicle may still be eligible for benefits if the accident was not due to negligence. The presence of an animal does not automatically exempt the driver from fault, but it may affect the assessment of contributory fault. For example, if a driver was speeding or distracted, SIRA may find they contributed to the accident despite the animal’s sudden appearance.
Evidence Required for a Wildlife Strike Claim
To support a claim, claimants must provide evidence that a wildlife animal was involved. This includes:
- A police report or official record of the incident, particularly if the animal was struck and left at the scene.
- Photographs of the vehicle damage, road markings, and any animal remains.
- Medical records detailing injuries sustained, including imaging results and clinical assessments.
- Witness statements, if available, confirming the animal’s presence and the driver’s evasive action.
- A statement from a medical practitioner confirming that the injury arose from the impact.
SIRA emphasises that claims must be supported by objective evidence. A claim based solely on a driver’s account without corroborating details may not succeed. In regional areas, where police response times may be longer, it is essential to report the incident to authorities as soon as possible and to preserve all physical and digital evidence.
Regional NSW Challenges and SIRA’s Position
Regional NSW claimants face unique challenges. Roads are often longer and less monitored, increasing the risk of delayed reporting. Wildlife strikes are more common in remote areas, but the absence of surveillance cameras or traffic lights may complicate fault determination. SIRA acknowledges these differences but applies the same legal standards across all regions. The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 govern all claims equally, regardless of location. However, SIRA’s guidelines note that in remote areas, the absence of immediate witnesses or evidence may lead to a more detailed review of the driver’s actions and the vehicle’s trajectory.
SIRA also recognises that animal strikes often result in soft tissue injuries, such as whiplash or back strain. These injuries are subject to the threshold provisions under the Act. If the injury is classified as a threshold injury, the claimant may not be eligible for damages unless they meet the threshold test, which requires a permanent impairment of at least 10% whole person impairment (WPI) and a specified level of functional loss. SIRA’s Motor Accident Guidelines clarify that a spinal nerve-root injury with neurological signs other than radiculopathy may still qualify as a soft tissue injury for threshold purposes.
Time Limits and Procedural Requirements
A claim must be made within three years of the accident date, as required under the Motor Accident Injuries Act 2017. This time limit applies equally in regional and urban areas. Failure to notify the insurer within 28 days of the accident may affect the ability to claim treatment and care benefits. SIRA advises claimants to notify their insurer as soon as possible, particularly if medical treatment is required. Delayed notification may result in a delay in the payment of benefits, but it does not necessarily bar a claim.
If a claim is denied or a dispute arises over the assessment of injury or fault, SIRA provides a formal review process. Claimants may request an internal review from the insurer or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. In regional areas, claimants may face challenges in accessing legal advice or medical assessments, but SIRA offers information and support through its website and contact services.
When to Seek Independent Advice
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.