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've been injured in a stolen vehicle crash in New South Wales, avoiding common mistakes is critical to securing your compensation. The NSW Compulsory Third Party (CTP) scheme covers injuries from motor vehicle accidents, but claimants often miss key steps that could reduce their entitlements. This article explains the legal rules, practical errors to avoid, and how to navigate the claims process after a stolen vehicle incident.
Key CTP Rules for Stolen Vehicle Claims
Under the Motor Accident Injuries Act 2017 (MAIA), CTP claims cover injuries caused by motor vehicles, including those involved in theft or unlawful use. The claimant must prove the accident occurred and that the injury was caused by the vehicle. SIRA (State Insurance Regulatory Authority) administers the scheme, and claims must be submitted within strict time limits.
A common mistake is assuming the claim is automatic. Injuries must be reported to the insurer within 52 weeks of the accident, and medical evidence must confirm the injury's connection to the crash. Failing to notify the insurer promptly may result in lost benefits, especially if the injury is a 'threshold injury' under the Motor Accident Guidelines.
Practical Steps to Avoid Errors
- Report the accident immediately, Notify the insurer and SIRA within 52 weeks. Delays can jeopardize weekly benefits or treatment payments.
- Document the incident, Keep records of the stolen vehicle's details, police reports, and any evidence linking the injury to the crash.
- Seek medical attention, Ensure your injury is diagnosed and documented by a medical practitioner. SIRA requires medical evidence to confirm the injury's connection to the accident.
- Avoid admitting fault, CTP claims do not depend on who was at fault. However, admitting liability could complicate claims under other schemes like workers' compensation.
Time Limits and Dispute Resolution
The MAIA imposes strict deadlines. For example, weekly income payments stop after 52 weeks if the injury is a threshold injury. If your claim is disputed, you may need to request a review by SIRA or seek legal advice. Claims involving stolen vehicles may also require additional evidence to prove the vehicle was unlawfully used.
When to Seek Legal Advice
If your claim is rejected, you may have grounds to challenge the decision. A solicitor can help you review the insurer's reasons and ensure your rights under the MAIA are upheld. Legal advice is especially important if your injury involves long-term consequences or overlaps with other schemes.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.