What happens when a stolen vehicle causes a crash 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 accident involving a vehicle that was stolen or being used without permission, you may still be eligible to claim compensation under the NSW Compulsory Third Party (CTP) insurance scheme. This applies even if the person driving the vehicle was not the registered owner or had no legal right to use it. The CTP scheme is designed to provide compensation for personal injury, regardless of who was driving, as long as the vehicle was being used on a road or road-related area in NSW.
In Albury and elsewhere in NSW, the law treats a stolen vehicle crash similarly to any other motor accident when it comes to injury compensation. The focus is on the injury sustained and the legal requirements for a claim, not on whether the driver had permission to use the vehicle. This means that if you were injured as a driver, passenger, pedestrian, cyclist, or motorcyclist, you may be entitled to benefits under the CTP scheme.
How CTP claims work when a vehicle was stolen
Under the Motor Accident Injuries Act 2017, a claim for compensation can be made if a motor vehicle was involved in a crash while being used on a road or road-related area in NSW. The fact that the vehicle was stolen or used without authority does not automatically bar a claim. The insurer of the vehicle (the CTP insurer) is responsible for paying claims, not the person who stole or used the vehicle without permission.
SIRA (the State Insurance Regulatory Authority) administers the CTP scheme in NSW. SIRA confirms that a claim may proceed even if the vehicle was stolen, provided the injury occurred during a motor accident involving a motor vehicle on a road or road-related area. The insurer is liable for the claim, and the claimant does not need to pursue the person who stole or used the vehicle.
What benefits are available after a stolen vehicle crash?
If you were injured in a stolen vehicle crash, you may be entitled to several types of benefits under the CTP scheme:
- Treatment and care benefits: to cover reasonable and necessary medical, allied health, and rehabilitation services.
- Weekly income payments: if you are unable to work due to your injury, you may receive payments to replace lost income.
- Damages: if your injury meets the threshold for a damages claim, you may be able to claim compensation for pain and suffering, loss of enjoyment of life, and future care needs.
The availability of damages depends on whether your injury is considered a 'threshold injury' under the Motor Accident Injuries Act 2017. This includes injuries such as a permanent impairment of 10% or more, or a permanent loss of function. A spinal nerve-root injury that causes neurological signs other than radiculopathy may also qualify as a threshold injury under the Motor Accident Guidelines.
Key steps to take after a stolen vehicle crash in Albury
If you were injured in a stolen vehicle crash in Albury, it is important to act quickly to protect your rights. The following steps are generally necessary:
- Seek medical attention immediately. Document your injury with a medical practitioner as soon as possible.
- Report the accident to the police if you have not already done so. A police report may help establish the facts, including that the vehicle was stolen.
- Notify your CTP insurer as soon as possible. You can do this through the SIRA website or by contacting the insurer directly.
- Preserve all evidence: keep copies of medical records, accident reports, photographs of the scene or vehicle damage, witness contact details, and any correspondence with insurers or police.
- Do not delay in starting your claim. There are time limits for making a claim, and delays may affect your eligibility for benefits.
Time limits and claim deadlines
There is a strict time limit for making a CTP claim in NSW. You must start your claim within three years of the accident date. This deadline applies even if the vehicle was stolen or the driver was unknown.
If you are claiming damages, you must also meet the threshold for a claim. If your only injuries are considered threshold injuries, weekly benefits and treatment and care benefits are generally limited to 52 weeks from the date of the accident. This is because the law provides that benefits are not extended beyond 52 weeks when a person’s only injuries are threshold injuries.
Differences between standard CTP claims and stolen vehicle scenarios
In most CTP claims, the focus is on determining fault and whether the driver was negligent. In a stolen vehicle crash, fault is not the primary issue. The CTP scheme operates on a no-fault basis, meaning that your right to claim compensation does not depend on proving who was at fault for the accident.
The main difference in a stolen vehicle scenario is that the insurer may need to investigate whether the vehicle was in fact stolen or being used without authority. This may involve reviewing police reports, vehicle registration details, and any available surveillance footage. However, the burden of proof does not fall on you as the injured person. The insurer is responsible for verifying the circumstances of the vehicle’s use.
When to seek legal advice
While you may be able to make a claim on your own, it is advisable to seek independent legal advice if:
- Your injury is serious or long-term.
- The insurer disputes your claim or refuses to pay benefits.
- You are unsure whether your injury meets the threshold for damages.
- You have been injured in a crash involving a vehicle that was stolen or used without permission, and you are concerned about how the claim will be assessed.
A solicitor can help you understand your rights, gather evidence, and negotiate with the insurer. They can also assist if you need to apply to the NSW Civil and Administrative Tribunal (NCAT) to resolve a dispute about your claim.
Hypothetical example
A pedestrian in Albury was struck by a car that had been reported stolen earlier that day. The driver was not the owner and had no legal right to use the vehicle. The pedestrian sustained a back injury requiring surgery and was unable to return to work for six months. The pedestrian reported the incident to police, received medical treatment, and notified their CTP insurer within two months. Because the injury resulted in a permanent impairment of 12%, the pedestrian met the threshold for a damages claim. They were able to claim treatment and care benefits, weekly income payments, and damages for pain and suffering.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.