Death benefits for dependants under NSW CTP laws
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If a motor accident results in the death of a claimant, dependants may be eligible for financial support under the NSW Compulsory Third Party (CTP) scheme. Death benefits typically include lump sum payments for loss of income, funeral expenses, and other related costs. However, disputes over these claims are common, requiring specific resolution processes.
How SIRA handles death benefit disputes
The State Insurance Regulatory Authority (SIRA) administers NSW CTP claims. When disputes arise over death benefits, SIRA evaluates the claim based on the Motor Accident Injuries Act 2017 and the Motor Accident Guidelines. Key factors include the deceased’s income, the dependant’s financial reliance, and the accident’s circumstances. SIRA may request additional evidence, such as medical records or financial statements, to assess the claim’s validity.
Dispute resolution options in Bankstown
Disputes over death benefits can be resolved through several channels:
- SIRA internal review: Claimants can request a review of the decision by submitting new evidence or contesting the assessment.
- Mediation: SIRA offers mediation services to resolve disputes without formal legal action.
- Legal action: If mediation fails, dependants may pursue a court claim, though this is rare and requires legal representation.
Common pitfalls in claiming death benefits
Disputes often arise from:
- Incomplete or delayed submission of evidence, such as income records or proof of dependency.
- Misunderstanding the 52-week statutory benefit limit for threshold injuries (though this applies to injury claims, not death benefits).
- Failing to notify SIRA of changes in the dependant’s circumstances, such as additional financial needs.
Practical steps for dependants
To strengthen a death benefit claim:
- Gather documentation showing the deceased’s income and the dependant’s financial reliance.
- Preserve accident-related evidence, such as police reports or witness statements.
- Notify SIRA of any changes to the claim, such as new dependants or altered financial circumstances.
When to seek legal advice
Disputes over death benefits may require legal assistance if:
- SIRA denies the claim without clear reasoning.
- The dependant believes the decision is unfair or based on incorrect information.
- There are complex issues, such as multiple dependants or disputes over the deceased’s income.
Time limits and procedural requirements
Claims must be submitted within 52 weeks of the accident, though this period may be extended for dependants of deceased claimants. Disputes must be resolved through SIRA’s internal processes before legal action can be taken.
Example of a dispute scenario
A family in Bankstown claimed death benefits after a fatal accident. SIRA disputed the claim, arguing the deceased’s income was lower than stated. The family submitted additional tax records and employment evidence, leading to a revised assessment. This highlights the importance of thorough documentation in resolving disputes.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.