If you were injured in a collision involving a stolen vehicle in NSW, the insurer will determine liability by assessing ownership, control and fault under the Motor Accident Injuries Act 2017. This article explains how insurers evaluate claims in stolen vehicle accidents, focusing on legal ownership, control of the vehicle and the impact of the theft on liability.
Ownership and liability in stolen vehicle accidents
Under the Motor Accident Injuries Act 2017, the registered owner of a vehicle is generally liable for injuries caused by their car, even if it was stolen. However, insurers also consider whether the driver had the legal authority to operate the vehicle. If the car was taken without permission, the owner is not liable for the driver's actions. Insurers use SIRA guidelines to determine whether the accident falls within the CTP scheme's coverage, including whether the vehicle was being used unlawfully.
Key factors insurers assess
When evaluating stolen vehicle claims, insurers consider:
- Ownership: The registered owner is liable for injuries caused by their car, regardless of whether it was stolen.
- Control: Insurers assess who was in control of the vehicle at the time of the accident. If the driver was not the owner, the owner may not be liable.
- Fault: The insurer determines whether the accident was caused by the driver's actions, including whether the vehicle was stolen or used unlawfully.
- Evidence: Police reports, witness statements and vehicle registration details are critical to establishing liability.
Documentation required for stolen vehicle claims
To support a claim involving a stolen vehicle, you may need to provide:
- Police reports confirming the vehicle was stolen
- Evidence of the vehicle's ownership (e.g., registration documents)
- Witness statements about the incident
- Medical records showing injuries caused by the accident
- Proof of the vehicle's use (e.g., GPS data or surveillance footage)
Time limits and dispute resolution
Claims under the NSW CTP scheme must be made within 52 weeks of the accident for certain benefits. If your injuries are classified as a 'threshold injury' (a soft tissue injury with neurological signs), weekly benefits may stop after 52 weeks. If you dispute the insurer's assessment of liability or benefits, you can request a review through the NSW Civil and Administrative Tribunal (NCAT) or seek independent legal advice.
When to seek legal advice
If you're unsure whether your claim falls under the CTP scheme or if the insurer is disputing liability, it's important to seek legal advice. A solicitor can help you understand your rights, ensure all necessary documentation is submitted, and challenge any unfair decisions.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.