How the NSW CTP scheme handles injuries from stolen vehicle crashes
Injuries sustained in a motor accident involving a stolen vehicle are generally covered under the NSW Compulsory Third Party (CTP) insurance scheme. The CTP scheme provides entitlements regardless of who was driving the vehicle at the time of the crash, as long as the injury occurred in a motor vehicle accident that was not caused by the claimant’s intentional or reckless conduct. This includes situations where a vehicle was stolen and used in a collision, or where a vehicle was used without permission. The scheme is designed to provide prompt access to treatment and care benefits, including medical treatment, rehabilitation, and weekly income payments, to injured persons who were in a motor vehicle at the time of the accident.
Treatment and rehabilitation planning under CTP
The CTP scheme requires that treatment and rehabilitation be planned and delivered in a way that supports recovery and functional restoration. For claimants involved in stolen vehicle crashes, this includes access to medical treatment, allied health services, and rehabilitation programs through the CTP insurer or a nominated treatment provider. The Motor Accident Injuries Act 2017 and the Motor Accident Injuries Regulation 2017 set out the framework for treatment and care, which must be provided in accordance with the Motor Accident Guidelines. These guidelines require that treatment be evidence-based, clinically appropriate, and proportionate to the injury.
Rehabilitation planning is a structured process that begins after an injury is reported and confirmed. It involves a formal assessment by a medical practitioner or rehabilitation provider, who develops a plan based on the nature and severity of the injury, the claimant’s functional capacity, and their recovery goals. The plan may include physical therapy, psychological support, vocational rehabilitation, and assistive devices. The claimant must be involved in the development of the plan, and any changes to treatment must be documented and approved by the CTP insurer or a treatment authority.
SIRA guidance on treatment and rehabilitation in the Newcastle and Hunter region
The State Insurance Regulatory Authority (SIRA) provides guidance on treatment and rehabilitation for motor accident claimants across NSW, including in the Newcastle and Hunter region. SIRA’s materials confirm that treatment and rehabilitation planning for stolen vehicle crash victims must follow the same standards as for any other motor accident claim. The focus is on timely access to care, appropriate medical management, and coordinated support to return to work and daily activities.
SIRA advises that claimants in the Newcastle and Hunter region should expect to receive a treatment and rehabilitation plan within 14 days of reporting their injury to the CTP insurer. If delays occur, claimants may request a review or contact SIRA directly for assistance. SIRA also provides a national directory of approved treatment providers and rehabilitation services, which can be used to find local services in the Hunter region. These services are subject to CTP approval and must meet the standards set out in the Motor Accident Guidelines.
Practical steps and evidence to support a claim
To ensure access to treatment and rehabilitation, claimants should take the following steps immediately after a stolen vehicle crash:
- Seek medical attention as soon as possible and keep all medical records, including treatment notes, diagnostic reports, and prescriptions.
- Report the injury to the CTP insurer within 28 days of the accident, as required by law.
- Provide details of any witnesses, photographs of the scene, or police reports if available.
- Keep a record of all communications with the insurer, treatment providers, and rehabilitation staff.
- Request a formal treatment and rehabilitation plan in writing if it has not been provided within 14 days.
In a stolen vehicle crash, evidence that the vehicle was not lawfully in use may be relevant to the claim. This includes a police report confirming the vehicle was stolen, a statement from the registered owner, or a record from the NSW Police database. However, the CTP scheme does not require proof of the vehicle’s lawful ownership to process a claim. The focus is on whether the claimant was injured in a motor vehicle accident, not on the vehicle’s status at the time of the crash.
Time limits and dispute options
There are time limits that apply to CTP claims. A claim for treatment and care benefits must be made within 28 days of the accident. Failure to notify within this period may result in a delay or denial of benefits, although exceptions may apply in certain circumstances. For claims involving a threshold injury, the 52-week limit on treatment and care benefits applies only if the claimant’s only injuries are threshold injuries, as defined in the Motor Accident Injuries Act 2017.
If a claimant disagrees with a decision made by the CTP insurer, such as a refusal to approve a treatment, a delay in providing a rehabilitation plan, or a denial of weekly payments, they may request a review. If the review is not resolved, the claimant may apply to the Civil and Administrative Tribunal (NCAT) for a determination. SIRA provides information and support for claimants navigating disputes, including a free dispute resolution service.
Hypothetical example
A 34-year-old pedestrian in Newcastle was struck by a car that had been stolen earlier that day. The driver was not known to the claimant. The car was later found abandoned near a car park in Maitland. The claimant sustained a soft tissue injury to the neck and back, and was treated by a local physiotherapist. The claimant reported the injury to the CTP insurer within 10 days and received a treatment and rehabilitation plan within 12 days. The plan included six weeks of physiotherapy and a return-to-work assessment. The claimant was able to resume part-time work after eight weeks, supported by the CTP scheme.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.