Death benefits for dependants, what you need to know
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 a motor accident results in a fatality, dependants may be eligible for financial support under NSW’s Compulsory Third Party (CTP) scheme. This article explains the documentation required to claim death benefits, based on official SIRA guidelines.
Key CTP rules for dependant death benefits
Under the Motor Accident Injuries Act 2017, dependants of deceased claimants may receive benefits if the deceased’s injuries were caused by a motor accident. This includes:
- Weekly income payments for dependants who lost their primary income source
- Lump sum death benefits for dependants with a close relationship to the deceased
- Special benefits for children under 18 or dependants with a disability
To qualify, the deceased must have suffered a threshold injury (as defined by the Motor Accident Guidelines) or a fatal injury. The claimant must prove the deceased’s injury was caused by the accident and that they meet the definition of a dependant.
Essential documentation for dependant claims
To support a death benefit claim, you’ll need to provide:
- Proof of relationship (e.g., birth certificate, marriage certificate, or evidence of dependency)
- Financial dependency evidence (e.g., payslips, bank statements, or evidence of the deceased’s role as the primary income earner)
- Medical records confirming the deceased’s injury and its link to the accident
- Accident details (e.g., police report, witness statements, or photographs of the scene)
- Evidence of the deceased’s income (e.g., tax returns or employment records)
- Proof of the deceased’s death (e.g., death certificate)
For example, if the deceased was the sole provider for a child, you’d need to show how the child relied on the deceased’s income. Medical records must confirm the injury was caused by the accident and meets the threshold injury criteria.
Time limits and dispute resolution
Claims must be made within 52 weeks of the accident if the deceased’s only injuries were threshold injuries. If the deceased suffered a serious injury, the 52-week limit does not apply. Always check the accident date to determine which rules apply.
If the insurer disputes the claim, you may need to:
- Submit a formal dispute request to the insurer
- Seek independent medical opinion if the injury’s link to the accident is challenged
- Contact the NSW Civil and Administrative Tribunal (NCAT) for mediation or review
When to seek legal advice
Complex cases may require legal assistance, especially if:
- The deceased’s injuries are disputed
- The claimant is unsure about their dependant status
- The accident occurred in a car park, driveway, or private property (as these may involve different legal considerations)
Next steps
Prepare all required documents and submit them to the relevant insurer. If you need help navigating the process, complete the quick, no obligation enquiry form to request contact about your circumstances.