Wildlife Strikes and CTP Claims in NSW
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 in New South Wales, understanding how the Compulsory Third Party (CTP) scheme applies is critical. SIRA (State Insurance Regulatory Authority) administers NSW CTP claims, and while wildlife collisions are treated as motor accidents under the Motor Accident Injuries Act 2017, there are specific considerations. This article explains how SIRA assesses claims after collisions with animals, the evidence required, and key differences from standard motor accidents.
How SIRA Classifies Wildlife Strikes
SIRA treats wildlife strikes as motor accidents if the incident involves a vehicle on a road. However, the classification depends on the injury type and accident circumstances. For example, if the collision caused a soft-tissue injury (like a bruise or whiplash), SIRA will assess whether it meets the 'threshold injury' criteria under the Motor Accident Guidelines. This involves checking for neurological signs or spinal nerve-root injuries, as outlined in the guidelines.
Unlike standard motor accidents, wildlife strikes often lack witnesses or camera footage. SIRA relies heavily on medical evidence to determine injury severity. If the injury is classified as a threshold injury, benefits like weekly income payments and treatment benefits may be limited after 52 weeks, as per the Motor Accident Injuries Act 2017 s 4.4.
Evidence Required for Wildlife Strike Claims
To support a CTP claim after a wildlife strike, you must provide:
- Medical records confirming the injury and its link to the accident
- Police or witness statements describing the incident
- Vehicle damage reports or photographs
- Proof of income to claim weekly benefits
- Any correspondence with your insurer
SIRA may request additional documentation, such as a medical opinion on the injury's impact. If the accident occurred in Western Sydney, ensure all evidence is submitted to the correct SIRA regional office.
Key Differences from Standard Motor Accidents
SIRA's approach to wildlife strikes differs in two main ways:
- Injury classification: Soft-tissue injuries must meet specific neurological criteria to qualify as threshold injuries. For example, a spinal nerve-root injury with neurological signs (other than radiculopathy) may still count, but radiculopathy requires specific clinical signs.
- Time limits: Claims involving only threshold injuries face stricter limits. After 52 weeks, benefits are generally restricted unless the injury meets the 'whole person impairment' threshold under the Motor Accident Guidelines.
Time Limits and Dispute Resolution
You must notify your insurer of the accident within a reasonable time, though the exact deadline isn't specified in SIRA's guidelines. Delays could affect your ability to claim weekly benefits. If your claim is disputed, SIRA will review it based on the evidence. Complex cases may require mediation or legal advice.
When to Seek Legal Advice
Consider consulting a solicitor if:
- Your injury is disputed or not classified as a threshold injury
- You're unsure about the 52-week benefit limits
- The accident involved multiple vehicles or unclear fault
- You need help navigating SIRA's claims process
Legal professionals can help ensure your claim meets all requirements and that you understand your rights under the CTP scheme.
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.