Theft or Motor Vehicle Accident? – The Case of Allianz Australia Insurance Limited v Bell [2025]

Emma Thomson & Taylor O'Connor

09/12/2025

A recent NSW Court of Appeal decision of Allianz Australia Insurance Limited v Bell [2025] NSWCA 187 has brought attention to how causation is determined in CTP claims.

Background of Case

In 2018, Mr John Bell was injured during an attempted theft of his Harley-Davidson motorcycle. The incident caused physical injuries to his leg and psychological injuries, namely Post-Traumatic Stress Disorder (PTSD) and Major Depressive Disorder. Mr Bell sought compensation under the Motor Accident Injuries Act 2017 (NSW).

The Legal Dispute

The case revolved around whether Mr Bell’s psychological injuries were caused by a “motor accident” as defined under the Act. Allianz Australia Insurance Limited argued that the psychological injuries stemmed from separate events, such as the theft and fear of retaliation, rather than the motor vehicle accident itself.

Court’s Decision

The NSW Court of Appeal upheld the Personal Injury Commission Medical Review Panel’s findings that:

The events surrounding the motorcycle theft and collision were a “single causative event.”
Mr Bell’s psychological injuries were directly caused by the motor accident.
The Medical Review Panel’s assessment of Mr Bell’s Whole Person Impairment (WPI) at 19% was valid, exceeding the 10% threshold required for damages for non-economic loss.

Why This Matters

This case highlights the complexities of motor vehicle accident CTP claims, especially when psychological injuries are involved. It reinforces the importance of understanding how causation is determined.

Key Takeaways

Single Causative Event: The court ruled that the events were interconnected and constituted one motor vehicle accident.
Compensation for Psychological Injuries: Psychological injuries can be recognised as part of motor accident claims if causation is established.
Legal Process: The Medical Review Panel’s role is to assess medical evidence and causation, leaving legal determinations to the court.

This case is a reminder of the importance of seeking expert legal advice when navigating CTP claims. At Foye Legal, we are here to help you understand your rights and fight for the justice you deserve.

Read the full judgment here: Allianz Australia Insurance Limited v Bell