Wildlife Strikes and Time Limits for CTP Claims in NSW
If you were involved in a wildlife strike accident in Newcastle or the Hunter region, you need to understand the time limits for claiming compensation under NSW’s Compulsory Third Party (CTP) scheme. The Motor Accident Injuries Act 2017 and SIRA’s guidelines set strict deadlines and rules for such claims. This article explains how these apply to collisions with animals, including how to preserve evidence and meet deadlines.
Key Time Limits for Wildlife Strike Claims
Under NSW law, the time to file a CTP claim after a wildlife strike depends on the type of injury and when the accident occurred. For injuries meeting the ‘threshold injury’ definition in the Motor Accident Guidelines, you must notify your insurer within 52 weeks of the accident. This applies even if the injury is minor, such as a soft tissue injury or spinal nerve-root damage.
If your injury is classified as a ‘threshold injury’ under the Motor Accident Guidelines, you must notify your insurer within 52 weeks. This applies even if the injury is minor, such as a soft tissue injury or spinal nerve-root damage. For more serious injuries, such as those requiring surgery or resulting in long-term impairment, the 52-week deadline still applies, but you may be eligible for ongoing weekly payments.
Evidence and Practical Steps for Wildlife Strike Claims
To support a wildlife strike claim, you’ll need to provide:
- Medical records confirming your injury
- Police or witness statements about the incident
- Photographs of the animal and damage to your vehicle
- Proof of income if you’re claiming weekly payments
- A detailed account of the accident, including the time, location, and circumstances
It’s crucial to act quickly. Delays in reporting or gathering evidence can reduce your chances of securing full compensation. For example, if you were hit by a deer and suffered a soft tissue injury, you must notify your insurer within 52 weeks to claim treatment benefits or weekly payments.
How SIRA’s Guidelines Apply to Wildlife Strikes
SIRA’s Motor Accident Guidelines define ‘threshold injury’ as an injury that meets specific clinical criteria, including spinal nerve-root damage with neurological signs. Even if the injury appears minor, it must be assessed by a medical practitioner to determine if it qualifies. Wildlife strikes often involve soft tissue injuries, which may still fall within the threshold injury definition if they meet the spinal nerve-root qualification.
If your injury doesn’t meet the threshold injury criteria, you may still be eligible for compensation if it’s serious enough to qualify as a ‘whole person impairment’ under the Motor Accident Injuries Act 2017. This requires a detailed assessment by a medical expert.
When to Seek Legal Advice
Time limits and procedural rules can be complex. For example, if your accident occurred before 1 July 2020, the old CTP scheme may apply, and you’ll need to check if your injury meets the previous threshold injury definition. Always consult a legal professional if you’re unsure about your claim’s viability or deadlines.
Example: A Wildlife Strike Claim in the Hunter Region
Consider a scenario where a driver in the Hunter region hits a kangaroo and sustains a soft tissue injury. Under the current scheme, the driver must notify their insurer within 52 weeks to claim treatment benefits. If the injury meets the threshold injury definition, the driver may also be eligible for weekly payments. However, if the injury is minor and doesn’t meet the threshold criteria, the driver may not qualify for ongoing benefits.
Next Steps
CTP claims involving wildlife strikes depend on the accident date, injury type, and evidence collected. To request contact about your circumstances, complete the quick, no obligation enquiry form.