Understanding CTP Claims for Wildlife Strikes 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 injured in a motor vehicle accident in Greater Sydney involving a wildlife animal, such as a kangaroo, wallaby, or emu, your claim for compensation is governed by the Motor Accident Injuries Act 2017 (MAIA). This law applies regardless of whether the animal was struck directly, or the driver swerved to avoid it and lost control. The key principle is that the injury must have arisen from a motor vehicle accident, as defined under the Act, and not from a separate incident involving the animal itself.
SIRA (the State Insurance Regulatory Authority) administers the CTP scheme in NSW and provides guidance on how claims involving wildlife strikes are assessed. These claims are treated under the same legal framework as other motor accident claims, but with specific considerations for injury causation, treatment planning, and rehabilitation needs.
What You Can Claim: Treatment, Care and Income Support
Under the CTP scheme, you may be entitled to treatment and care benefits, weekly income payments, and, in some cases, damages for pain and suffering. These benefits are available regardless of fault, provided the accident occurred on a public road or in a public area where a motor vehicle was in use.
If you were injured in a wildlife strike, you may receive:
- Treatment and care benefits for medical treatment, allied health services, and rehabilitation services
- Weekly income payments if you are unable to work due to injury
- A claim for damages if you have a threshold injury (such as a soft-tissue injury with a specified level of impairment)
The Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines set out the criteria for eligibility, including the requirement that treatment must be reasonable and necessary to address the injury caused by the accident.
Rehabilitation Planning: Unique Considerations for Wildlife Strikes
Rehabilitation planning for wildlife strike injuries differs from standard CTP claims in several ways. Because the impact is often sudden and uncontrolled, injuries may be more severe or complex than in typical collisions. Common injuries include whiplash, spinal strain, fractures, and psychological trauma such as post-traumatic stress disorder (PTSD).
SIRA’s rehabilitation guidelines emphasise a person-centred approach. Your rehabilitation plan will be developed by a qualified rehabilitation provider and must be approved by your CTP insurer. It will include:
- A medical assessment to determine the nature and extent of your injuries
- A functional capacity assessment to determine your ability to return to work or daily activities
- A tailored program involving physiotherapy, psychological support, and, if needed, vocational rehabilitation
For wildlife strikes, special attention is given to neurological and musculoskeletal injuries. If you have signs of a spinal nerve-root injury (such as numbness, weakness, or altered reflexes), this may qualify as a threshold injury under the Motor Accident Guidelines, even if radiculopathy is not present.
Evidence That Matters in Wildlife Strike Claims
To support your claim, you must provide evidence that links your injury to the accident. This includes:
- Medical records from the time of the accident and subsequent treatment
- A police report, if one was filed (e.g., for a single-vehicle crash involving a wildlife strike)
- Photographs of the vehicle damage, road conditions, and any animal remains at the scene
- Witness statements, if available
- A diary of symptoms, treatment, and work absences
If the strike occurred in a remote or rural area, such as near the Blue Mountains or in the Sutherland Shire, evidence of the location and time of the accident becomes especially important. SIRA may request a site inspection or review of GPS data from your vehicle if the accident details are disputed.
Time Limits and Procedural Requirements
You must notify your CTP insurer within 6 months of the accident. Failure to do so may prevent you from claiming treatment and care benefits or weekly payments. The 6-month notice period applies to all CTP claims under the MAIA, including those involving wildlife strikes.
If you are claiming damages, you must file a claim within 3 years of the accident. This is a statutory deadline and cannot be extended.
If your claim is denied or you disagree with the insurer’s assessment of your rehabilitation plan, you may request a review through SIRA’s dispute resolution process. You can also apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination on the claim.
When to Seek Independent Advice
While SIRA provides guidance, every claim depends on its own facts. The nature of the injury, the timing of treatment, and the availability of evidence can significantly affect the outcome. For example, if you were injured in a wildlife strike on the M4 Motorway in Sydney and were not seen by a medical practitioner for 10 days, your claim for early treatment benefits may be challenged.
A hypothetical example: A cyclist in the Northern Beaches was struck by a kangaroo while riding on a shared path adjacent to a major road. The impact caused a spinal injury and a 6-week absence from work. The insurer initially refused treatment benefits, citing a delay in seeking medical care. After a review, SIRA upheld the claim based on medical evidence showing the injury was causally linked to the accident.
Next Steps: Requesting Contact About Your Circumstances
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.