When a stolen vehicle is involved in a crash, NSW CTP insurers assess liability based on who was in control of the vehicle at the time of the accident. The Motor Accident Injuries Act 2017 and SIRA guidelines govern this process. Here’s how insurers evaluate claims in these scenarios.
Key Factors in Liability Assessment
NSW CTP insurers determine liability by considering:
- Ownership: The registered owner of the vehicle is generally liable, even if the vehicle was stolen. However, if the vehicle was unlawfully used, the person in control may be held responsible.
- Control: The person who was driving or in physical control of the vehicle at the time of the crash is typically liable, regardless of whether the vehicle was stolen.
- Vehicle status: If the vehicle was stolen, insurers may investigate whether the owner took reasonable steps to prevent theft, such as using a tracking device or securing the vehicle.
How the CTP Scheme Handles Stolen Vehicle Claims
Under the CTP scheme, injured parties may claim for:
- Medical treatment and care (including physiotherapy, psychology, and specialist consultations)
- Weekly income payments if the injury prevents work
- Pain and suffering if the injury meets the 'threshold injury' criteria under the Motor Accident Guidelines
However, claims may be limited if the injury is classified as a 'threshold injury' (e.g., soft tissue injuries without long-term impairment). Insurers will assess whether the injury meets the spinal nerve-root qualification outlined in the guidelines.
Practical Steps for Claimants
To support a claim, injured parties should:
- Gather evidence of the stolen vehicle’s control (e.g., witness statements, CCTV footage, or police reports)
- Document medical records showing the injury’s connection to the crash
- Preserve records of income loss or additional expenses
- Contact the insurer within the 52-week statutory period for treatment and care benefits
Time Limits and Dispute Options
Claims for treatment and care benefits must be made within 52 weeks of the accident. If the injury results in long-term impairment, claimants may need to reapply for damages after this period. Disputes over liability or claim value can be escalated to the NSW Civil and Administrative Tribunal (NCAT) for review.
Example Scenario
Imagine a stolen car is driven by an unlicensed driver who crashes into a pedestrian. The insurer would assess liability based on:
- Who was in control of the vehicle (the unlicensed driver)
- Whether the owner took reasonable steps to prevent theft
- The pedestrian’s injuries and their alignment with the threshold injury criteria
When to Seek Legal Advice
While SIRA provides guidance, each claim is fact-specific. Legal advice is recommended if:
- The injury involves complex medical evidence
- There are disputes over liability or claim value
- The claimant needs to navigate the 52-week statutory period
Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.