What changed for stolen vehicle crashes in regional NSW under the 2017 CTP reforms
In regional NSW, the Motor Accident Injuries Act 2017 (MAIA) now governs compensation for motor accidents, including those involving stolen vehicles. The 2017 reforms replaced the Motor Accidents Compensation Act 1999 and introduced a clearer framework for claims. A stolen vehicle crash now qualifies as a motor accident under the MAIA if the vehicle was in motion and caused injury. This means victims, including passengers, pedestrians, cyclists, and drivers, may be entitled to compensation regardless of who was operating the vehicle at the time. The reforms removed previous barriers that sometimes denied claims based on the driver’s lack of lawful authority to use the vehicle.
How the law now treats stolen vehicle crashes
Under the MAIA, a motor accident includes any incident involving a motor vehicle that results in injury, even if the vehicle was stolen or being used without lawful authority. The unlawful use of a vehicle does not bar a claim. This applies equally in regional areas where access to services may be limited. The claimant must establish that the injury occurred as a direct result of the crash, and that the vehicle was in motion and involved in a collision or incident that caused harm.
What benefits are available
Victims of stolen vehicle crashes in regional NSW may be entitled to statutory benefits under the CTP scheme. These include:
- Treatment and care benefits for medical and rehabilitation expenses
- Weekly income payments if the injury prevents return to work
- A lump sum for permanent impairment if assessed at 10% or more
These benefits are available even if the claimant was not at fault, and even if the vehicle was stolen. The CTP insurer of the vehicle involved, or the Nominal Defendant if the vehicle was not insured, is responsible for providing these benefits.
When damages may be claimed
Damages for pain and suffering, loss of enjoyment of life, and future care needs are only available if the injury meets the threshold for a serious injury under the MAIA. This includes injuries that result in a permanent impairment of 15% or more, or injuries that are considered severe under the Motor Accident Guidelines.
A soft tissue injury may still qualify as a threshold injury if it results in a spinal nerve-root injury that produces neurological signs other than radiculopathy. Radiculopathy requires specified clinical signs under the Motor Accident Guidelines. Where a person’s only injuries from the accident are threshold injuries, weekly benefits and treatment and care benefits generally cease after 52 weeks as the Act provides.
Evidence and practical steps
To support a claim, the following evidence is essential:
- A police report confirming the vehicle was stolen and that a crash occurred
- Medical records from the time of the accident and any subsequent treatment
- Photographs of the crash scene, vehicle damage, and visible injuries
- Witness statements, if available, describing the vehicle’s movement and the crash
- Details of all contact with the CTP insurer, including claim forms and correspondence
In regional NSW, it is important to report the accident and seek medical treatment as soon as possible. Delays may affect the insurer’s assessment of the claim, particularly if the timing of injury is questioned. SIRA advises that claims must be made within three years of the accident date. This time limit applies to all CTP claims, including stolen vehicle crashes.
Dispute resolution and next steps
If an insurer refuses a claim or disputes the injury assessment, the claimant may apply to the Civil and Administrative Tribunal (NCAT) for a review. SIRA provides guidance on how to submit a dispute. In regional areas, free legal advice is available through community legal centres.
Hypothetical example
A 42-year-old woman in Wagga Wagga was a passenger in a car stolen from a local car park. The vehicle was later involved in a crash with a truck on a regional road. She sustained a back injury requiring surgery. She reported the accident to police within 48 hours and began treatment within a week. She made a CTP claim through the insurer of the stolen vehicle. Her claim was accepted for treatment and care benefits and weekly income payments. After a medical assessment, she was found to have a 22% whole person impairment, which met the threshold for damages. She is now pursuing a damages claim through NCAT.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.