If you were injured in a stolen vehicle crash in NSW, the rules for claiming compensation depend on how SIRA interprets the Motor Accident Injuries Act 2017. This article explains how SIRA handles claims involving unlawfully used vehicles, what evidence is needed, and when to seek legal advice.
How SIRA determines liability for stolen vehicles
Under NSW CTP laws, liability for a stolen vehicle accident typically falls on the registered owner, not the thief. SIRA explains that the owner is responsible for the vehicle’s use, even if it was stolen. This means claims must be made against the owner’s CTP insurer, not the thief’s. For example, if a car is stolen and used to hit a pedestrian, the registered owner’s insurer must cover the claim, provided the owner was not negligent in securing the vehicle.
SIRA’s approach differs from standard motor accidents because the unlawful use of the vehicle is a key factor. If the thief caused the accident, the owner’s liability is not automatically excluded unless there is evidence of contributory fault or a specific exemption under the Motor Accident Injuries Act 2017.
Evidence required for a stolen vehicle claim
To support a CTP claim after a stolen vehicle crash, you must provide:
- Proof of the accident (e.g., police report, witness statements)
- Evidence the vehicle was stolen (e.g., police records, theft report)
- Medical records showing injuries caused by the accident
- Documentation of financial losses (e.g., lost income, medical expenses)
SIRA emphasizes that claims must demonstrate a direct link between the stolen vehicle’s use and the injuries. For instance, if the thief used the car to run a red light and caused a collision, the owner’s insurer must cover the claim under the CTP scheme.
Time limits and dispute resolution
Claims must be made within 52 weeks of the accident if only threshold injuries (e.g., soft tissue injuries) are involved. SIRA explains that weekly benefits and treatment payments stop after this period unless the injury meets the whole person impairment threshold. If the claim involves long-term or permanent injuries, the 52-week limit does not apply, but the claimant must provide medical evidence to support this.
Disputes over stolen vehicle claims are resolved by SIRA’s independent review process. If the insurer refuses a claim, you can request a review or seek mediation through SIRA. It is important to act quickly, as delays can affect the availability of benefits.
When to seek legal advice
SIRA provides general guidance, but complex cases, such as disputes over liability, overlapping workers’ compensation claims, or interstate accidents, require legal expertise. A solicitor can help assess whether the owner’s fault is excluded, whether the thief’s actions affect the claim, or whether the injury meets the threshold for long-term benefits.
Example: Stolen car used in a collision
Imagine a scenario where a car is stolen from Ashfield and used to hit a pedestrian at a traffic light. The registered owner’s insurer must cover the claim under CTP rules, as the owner is legally responsible for the vehicle’s use. However, if the owner can prove they took reasonable steps to secure the car (e.g., a locked garage), their liability may be reduced. This is where legal advice becomes essential to navigate the nuances of fault and responsibility.
Next steps
Understanding how SIRA applies CTP rules to stolen vehicles is critical for injured claimants. If you are unsure whether your claim meets the criteria or need help gathering evidence, contact a legal professional. Every claim depends on its own facts, and the 52-week time limit for benefits can significantly impact your entitlements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.