How SIRA Classifies Wildlife Strikes Under NSW CTP Law
A motor accident involving a wildlife animal, such as a kangaroo, wallaby, or emu, on a road in Greater Sydney is governed by the Motor Accident Injuries Act 2017 (MAIA), which applies to all CTP claims in New South Wales. SIRA, the State Insurance Regulatory Authority, administers the CTP scheme and confirms that such incidents are treated as motor vehicle accidents under the law if they result in injury or damage. The legal classification depends on whether the driver’s actions were reasonable in attempting to avoid the animal, not on the animal’s presence alone. An accident caused by a driver swerving to avoid a kangaroo on a rural road in the Sydney metropolitan area, for example, may still qualify as a CTP claimable event if the driver was not negligent in the circumstances.
What Compensation Is Available After a Wildlife Strike?
If you were injured in a wildlife strike, you may be entitled to statutory benefits under the CTP scheme. These include:
- Treatment and care benefits for medical treatment, rehabilitation, and allied health services
- Weekly income payments if you are unable to work due to injury
- A lump sum for permanent impairment if you have a whole person impairment (WPI) of 10% or more
SIRA’s guidelines state that injuries from wildlife strikes are assessed the same as any other motor accident injury. The presence of an animal does not alter the legal test for entitlement. However, if you were not injured, you may still claim for damage to your vehicle under the CTP scheme, provided the accident was not caused by your own fault.
Practical Steps After a Wildlife Strike Accident
Immediate actions can affect your ability to claim. You should:
- Seek medical attention even if you feel uninjured, as some injuries may not be immediately apparent
- Report the incident to the police if there was a collision, injury, or significant property damage
- Take photographs of the scene, vehicle damage, and any animal remains
- Record the time, date, location, and weather conditions
- Gather contact details of any witnesses
- Notify your CTP insurer as soon as possible
SIRA advises that preserving evidence is critical. A written account of what happened, including the animal’s species and direction of movement, may help assess whether the driver acted reasonably in avoiding it.
Time Limits and Claim Eligibility
A claim must generally be made within three years of the accident date. For claims involving injury, the three-year period begins on the date of the accident. If you were not injured at the time but later developed symptoms, the clock starts from the date you first became aware of the injury, as confirmed by a medical practitioner.
SIRA does not treat wildlife strikes as a separate category for claim eligibility. The same rules apply as for any other motor accident. You must still satisfy the threshold for damages, which requires a permanent impairment of 10% or more, or a permanent loss of function. If your only injuries are soft tissue injuries, such as whiplash, and they do not meet the threshold, you may still receive treatment and care benefits and weekly income payments, but damages are not available.
When to Seek Independent Advice
If your claim is denied, or if you believe you were not at fault but your insurer disputes liability, you may need to seek independent legal advice. SIRA provides a claims process guide, but it does not represent you. Disputes may arise over whether the driver’s actions were reasonable, whether the animal was visible, or whether the injury was caused by the accident or a pre-existing condition.
A hypothetical example: A driver in the Hills District of Greater Sydney swerved to avoid a large kangaroo on a dark, rural road. The vehicle left the road, hit a tree, and the driver sustained a neck injury. Medical records confirmed a soft tissue injury. The insurer initially refused treatment benefits, arguing the driver was not at fault and the animal was not visible. After a review by SIRA, the claim was accepted because the driver had taken reasonable action to avoid the animal, and the injury was medically linked to the accident.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.