Who qualifies for death benefits under NSW CTP scheme?
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).
Under the NSW Compulsory Third Party (CTP) scheme, death benefits are available to dependants of a deceased motor accident victim. Eligible dependants include a spouse, children, parents, or other individuals who relied on the deceased for financial support. The Motor Accident Injuries Act 2017 (MAIA) governs these benefits, and the New South Wales Motor Accident Insurance Authority (SIRA) administers claims.
To qualify, the deceased must have been involved in a motor accident, and the dependant must have been financially reliant on them. This includes situations where the deceased was a driver, passenger, pedestrian, cyclist, or motorcyclist. The dependant must have been living with or financially dependent on the deceased at the time of the accident.
Evidence required to prove dependency
Claimants must provide evidence to demonstrate a financial or practical reliance on the deceased. This may include:
- Proof of income or financial support provided by the deceased
- Documentation showing the dependant's reliance on the deceased for living expenses
- Evidence of a close personal relationship, such as marriage certificates, birth records, or affidavits
- Medical or other records confirming the deceased's ability to provide support
SIRA assesses each claim based on these factors, and the burden of proof lies with the claimant to show that dependency existed at the time of the accident.
How the CTP scheme handles death benefits
The CTP scheme covers death benefits for dependants regardless of fault. This means the claimant does not need to prove the deceased was at fault for the accident. However, the deceased must have been involved in a motor accident covered by the CTP scheme.
Dependants can claim benefits even if the deceased was not the driver. For example, a passenger who dies in a collision, or a pedestrian killed by a vehicle, may have dependants eligible for compensation. The scheme also covers dependants of drivers who died in a collision with another vehicle.
Practical steps for making a claim
To claim death benefits, dependants should:
- Contact SIRA within 52 weeks of the accident (or 10 years if the deceased's estate is being administered)
- Submit a claim form along with supporting evidence
- Cooperate with SIRA's assessment process
Claims must be submitted within the statutory time limits. Delays may reduce the chances of a successful claim, so it is important to act promptly.
When to seek legal advice
While SIRA handles most claims, dependants may need to seek legal assistance if:
- The claim is disputed by the insurer
- The deceased's estate is involved
- There are complex dependency issues
A solicitor can help navigate the claims process, ensure all evidence is properly submitted, and challenge any unfair decisions by the insurer.
Example of a dependant claim
Consider a scenario where a married couple was involved in a motor accident. The husband died, and his wife, along with their two children, relied on his income for living expenses. The wife and children would be eligible for death benefits under the CTP scheme, provided they can prove their financial reliance on the deceased.
Next steps
Death benefits under the NSW CTP scheme are available to dependants of deceased motor accident victims. However, each claim is assessed on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.