What happens when a stolen vehicle causes injury in NSW?
A motor accident involving a stolen vehicle in New South Wales may still give rise to a claim under the Compulsory Third Party (CTP) insurance scheme. The Motor Accident Injuries Act 2017 (MAIA) provides compensation for personal injury resulting from a motor vehicle accident, regardless of whether the vehicle was stolen or used without authority. This means that if you or a family member was injured in a crash caused by a stolen car, you may be entitled to benefits under the CTP scheme, including treatment and care, weekly income payments, and, in some cases, damages for pain and suffering.
How family caregivers are recognised in CTP claims
Family members who provide care and support to an injured person may be eligible to claim for their own out-of-pocket expenses and loss of income, particularly if they are not paid for their care. Under the CTP scheme, a caregiver may claim for reasonable and necessary expenses incurred in providing care, such as travel to medical appointments, home modifications, or the cost of hiring a professional carer if the family member’s care needs exceed what they can reasonably provide.
The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 set out the framework for these claims. The claim must be made by the injured person, but the caregiver’s role and expenses may be considered as part of the assessment of the injured person’s overall needs and support requirements. SIRA, the State Insurance Regulatory Authority, oversees the CTP scheme and ensures that claims are processed according to the law.
What expenses can be claimed by a family caregiver?
A family caregiver may claim for expenses that are directly related to providing care, including:
- The cost of travel to and from medical appointments, rehabilitation sessions, or therapy.
- The cost of home modifications, such as installing a ramp or grab rails, if they are necessary for the injured person’s recovery and safety.
- The cost of replacing or repairing personal property damaged during the accident, if it was used to support the injured person’s care.
- A reasonable amount for loss of income if the caregiver had to reduce work hours or stop working to provide care.
These claims are assessed on a case-by-case basis, and the caregiver must provide evidence such as receipts, travel logs, or a letter from a medical practitioner confirming the need for ongoing care.
Time limits for making a claim
There is a strict time limit for making a CTP claim in NSW. The claim must generally be made within three years of the date of the motor accident. For a stolen vehicle crash, this three-year period starts from the date the accident occurred, not from when the vehicle was stolen or when the injury was diagnosed.
If the claim is not made within this time, it may not be accepted unless there are exceptional circumstances. It is important to act promptly to preserve rights under the CTP scheme.
How to support a claim with evidence
To strengthen a claim involving a family caregiver, it is essential to gather and preserve evidence. This includes:
- Medical reports detailing the nature and extent of the injury and the need for ongoing care.
- A written statement from the caregiver outlining the type and frequency of care provided.
- Receipts for travel, home modifications, or other out-of-pocket expenses.
- Pay slips or a letter from the employer confirming a reduction in hours or loss of income due to caregiving.
- Photographs of the accident scene, property damage, or home modifications.
SIRA’s guidance on making a claim outlines the types of evidence that are typically accepted. Keeping records from the time of the accident is critical, as delays in documentation can weaken a claim.
What if the vehicle was stolen and the driver was not the owner?
The fact that a vehicle was stolen does not prevent a claim under the CTP scheme. The CTP insurer is responsible for paying benefits to the injured person, regardless of who was driving at the time. However, the CTP insurer may investigate whether the driver was unauthorised or had a history of driving without permission, which could affect the assessment of the claim.
In some cases, a claim may be made against the person who stole the vehicle, but this is a separate legal process and not part of the CTP scheme. The CTP claim remains available to the injured person and their family, including caregivers.
Hypothetical example: A family caregiver’s claim in Greater Sydney
A mother in Sydney was injured in a crash when a stolen car collided with her vehicle while she was waiting at a traffic light. She sustained a spinal injury requiring ongoing rehabilitation and home care. Her adult daughter, who lives with her, reduced her work hours from 30 to 15 per week to assist with daily tasks, medication management, and transport to therapy sessions. The daughter submitted a claim for her lost income and travel expenses, supported by her payslips, a doctor’s letter confirming the need for daily assistance, and travel receipts. The claim was assessed under the CTP scheme and approved for a portion of her lost earnings and travel costs.
When to seek advice
The CTP scheme can be complex, particularly when a family caregiver is involved. The rules about what can be claimed, the time limits, and the evidence required vary depending on the circumstances. It is advisable to seek independent legal advice if:
- The claim for caregiver expenses has been denied or limited.
- There is a dispute about the amount of care required or the value of the expenses.
- The injured person has a pre-existing condition that may affect the claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.