Eligibility for CTP compensation in stolen vehicle crashes
A person injured in a motor accident involving a stolen vehicle may be eligible for compensation under the NSW Compulsory Third Party (CTP) insurance scheme, regardless of whether they were a driver, passenger, pedestrian, cyclist or motorcyclist. The CTP scheme covers injuries sustained in a motor vehicle accident, including those involving vehicles that were stolen or used without lawful authority. This applies in regional NSW as it does in metropolitan areas, provided the accident occurred on a road or road-related area and the vehicle was being used on a public road at the time of the incident.
The key factor for eligibility is not who was driving the vehicle, but whether the injury arose from a motor vehicle accident that occurred on a road or road-related area. The CTP scheme does not require proof of fault to access statutory benefits, including treatment and care benefits and weekly income payments, for injuries resulting from such an accident.
How the CTP scheme applies to stolen vehicle incidents
Under the Motor Accident Injuries Act 2017 (MAIA), a motor accident includes an incident involving a motor vehicle that is being used on a road or road-related area, even if the vehicle was stolen or being driven without permission. The CTP insurer is responsible for providing benefits to the injured person, as long as the accident occurred in NSW and the vehicle was being used on a road or road-related area at the time.
The CTP insurer must assess the claim based on the facts of the accident, including whether the vehicle was stolen, whether the person was lawfully in the vehicle, and whether the injury was sustained during the accident. The insurer will not deny a claim solely because the vehicle was stolen or the driver was unauthorised. However, the insurer may investigate whether the injury was caused by the accident or by another factor, such as a pre-existing condition or a separate incident.
Practical steps and evidence to support a claim
To support a claim for compensation following a stolen vehicle crash in regional NSW, the injured person should take the following steps as soon as possible:
- Seek medical attention and keep all medical records, including treatment notes, diagnostic reports, and assessments of injury and recovery.
- Report the accident to the police and obtain a copy of the police report, if available. This may include details of the stolen vehicle, the time and location of the crash, and any witness statements.
- Gather evidence such as photographs of the scene, damage to the vehicle, and any visible injuries.
- Contact the CTP insurer of the vehicle involved as soon as possible. The insurer will provide a claim form and may request details about the accident, the injuries, and the treatment received.
- Keep a record of all correspondence with the insurer, medical practitioners, and any other parties involved.
The CTP insurer will assess the claim based on the evidence provided. The insurer may request a medical assessment to determine the nature and extent of the injury, and to assess whether the injury meets the threshold for damages under the MAIA.
Time limits and claim procedures
A claim for compensation under the CTP scheme must be made within the time limits set out in the Motor Accident Injuries Act 2017. The claim must be made within three years of the date of the accident, or within three years of the date the injured person first became aware of the injury, whichever is later.
In regional NSW, the process for making a claim is the same as in other parts of the state. The injured person must notify the CTP insurer of the claim and provide the required documentation. The insurer will assess the claim and determine whether statutory benefits are payable.
If the claim is disputed, the injured person may request a review from the insurer or apply to the NSW Civil and Administrative Tribunal (NCAT) for a determination. The CTP insurer may also request a medical assessment to determine the nature and extent of the injury.
When to seek independent advice
While the CTP scheme provides statutory benefits for injuries resulting from a stolen vehicle crash, the injured person may wish to seek independent legal advice if:
- The insurer denies the claim or offers a settlement that does not reflect the full extent of the injury or financial loss.
- The injury is severe or long-term, and the person is considering a claim for damages.
- The person has a pre-existing condition that may affect the assessment of the injury.
- The insurer requests a medical assessment or a review of the claim.
An independent solicitor can help assess the strength of the claim, review the evidence, and advise on the best course of action. They can also assist in negotiating a settlement or representing the person in a dispute with the insurer.
Hypothetical example
A 35-year-old man in Wagga Wagga was a passenger in a car that was stolen from a shopping centre car park. The car was driven at high speed and collided with a tree on a regional road. The man sustained a back injury and was hospitalised for five days. He sought medical treatment and obtained a police report confirming the vehicle was stolen and the accident occurred on a public road. He contacted the CTP insurer of the vehicle and submitted his medical records and accident details. The insurer accepted the claim and began paying weekly income payments and treatment and care benefits.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.