Understanding CTP Claims After Wildlife Animal Strikes in NSW
If you were involved in a motor accident in Greater Sydney that involved striking or swerving to avoid a wildlife animal, you may be entitled to compensation under the NSW Compulsory Third Party (CTP) insurance scheme. The time limits for making a claim are governed by the Motor Accident Injuries Act 2017 (MAIA), which applies to all motor accidents in NSW, including those involving animals. The key time limit for starting a claim is three years from the date of the accident. This applies regardless of whether the animal was a kangaroo, wallaby, emu, or another species. The three-year period is fixed and starts running on the day the accident occurred, not when injuries were diagnosed or treatment began.
How Wildlife Strike Claims Differ from Standard CTP Claims
Wildlife animal strikes are treated under the same CTP framework as other motor accidents. The legal principles for claiming compensation, such as eligibility for treatment and care benefits, weekly income payments, and damages, are not different in principle. However, the nature of the event often means that the accident may not involve another vehicle, which can affect how the claim is reported and investigated. For example, if the vehicle was damaged but no other party was involved, the claim is still made through the CTP insurer of the vehicle that was struck or involved in the evasive manoeuvre. The absence of a second vehicle does not remove the right to claim under CTP.
Key Time Limits and Procedural Deadlines
The primary time limit for making a CTP claim is three years from the date of the motor accident. This is set out in the Motor Accident Injuries Act 2017 and applies uniformly across NSW, including Greater Sydney. If you do not start a claim within this period, you generally lose the right to seek compensation, unless a court grants an extension for exceptional reasons.
There is also a requirement to notify your CTP insurer as soon as practicable after the accident. While there is no strict legal deadline for notification, delaying it may make it harder to prove the circumstances of the accident, particularly if evidence such as photographs, witness statements, or vehicle damage assessments is not preserved. It is advisable to notify your insurer within a few days of the incident.
Evidence That Supports a Wildlife Strike Claim
To establish a claim, you will need to provide evidence that supports the occurrence of the accident and the resulting injuries. This includes:
- A police report, if one was filed at the scene
- Photographs of the vehicle damage, road conditions, and any animal remains
- Medical records showing the diagnosis and treatment of injuries sustained during or after the accident
- Statements from witnesses, if any were present
- A record of any medical treatment received, including follow-up appointments
- Details of any lost income due to injury, supported by pay slips or employer letters
In cases involving wildlife, evidence of the animal’s presence, such as tyre marks, debris on the road, or a report from a local wildlife authority, can help confirm the nature of the event.
What Happens If the Claim Is Delayed?
If you miss the three-year deadline, you may still be able to apply to the NSW Civil and Administrative Tribunal (NCAT) for an extension. However, this is only granted in exceptional circumstances, such as if you were unconscious or seriously injured immediately after the accident and unable to act, or if you were misled about your rights. The burden of proof lies with you to demonstrate why the delay occurred and why it should not bar the claim.
When to Seek Legal Advice
A wildlife strike can result in serious injuries, including whiplash, spinal trauma, or head injuries, even if no other vehicle was involved. Because the injury may not be immediately apparent, it is important to seek medical assessment as soon as possible after the incident. Delay in seeking treatment may affect the assessment of the injury’s connection to the accident.
If you are unsure whether your claim is time-barred, or if you have already delayed notifying your insurer, it is advisable to seek independent legal advice. A solicitor can assess whether you have a valid claim and whether you may qualify for an extension of the time limit.
Hypothetical Example: A Driver in Sydney’s Western Suburbs
A driver in the western suburbs of Sydney was travelling on a country road at night when a large kangaroo jumped in front of the vehicle. The driver swerved to avoid it, lost control, and collided with a tree. The driver sustained neck and back injuries and required ongoing physiotherapy. The accident occurred on 15 March 2024. The driver did not report the accident to their CTP insurer until 2025, and only sought medical treatment in 2026. The claim was still made within the three-year limit, so it was not time-barred. However, the delay in reporting and treatment may affect the insurer’s assessment of the injury’s severity and causation.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.