Death benefits for dependants after a fatal motor accident
If a motor accident in Bankstown results in a fatality, dependants may be eligible for financial support under the NSW Compulsory Third Party (CTP) scheme. The Motor Accident Injuries Act 2017 (MAIA) governs this support, ensuring dependants receive funding for essential expenses like medical treatment. This article explains how CTP insurers cover these costs, what evidence is required, and practical steps for Bankstown residents.
How the NSW CTP scheme supports dependants
Under the MAIA, dependants of deceased claimants can claim benefits to cover treatment costs, lost income, and other expenses. SIRA (State Insurance Regulatory Authority) administers these claims, and its guidelines clarify what is covered. Key benefits include:
- Treatment and care benefits: Funding for medical treatments, therapies, and equipment needed by dependants.
- Weekly income payments: Financial support for dependants who lose income due to the deceased’s death.
- Lump sum death benefits: A one-time payment to cover ongoing costs like housing or education.
The CTP insurer must fund these costs, even if the deceased was not directly injured. For example, a child of a deceased driver may receive money to cover hospital visits or specialist care.
Funding treatment costs: What dependants need to know
To claim treatment costs, dependants must provide evidence of:
- Medical records confirming the need for treatment (e.g., therapy sessions, medications)
- Proof of treatment expenses (e.g., invoices, receipts)
- A doctor’s statement linking the treatment to the deceased’s accident
SIRA’s guidelines state that treatment costs must be 'reasonably necessary' and directly related to the injury caused by the accident. For instance, if a dependant requires ongoing physiotherapy, the insurer must cover these costs under the CTP scheme.
Practical steps for Bankstown residents
- Notify the CTP insurer: Contact the insurer of the at-fault driver within 52 weeks of the accident. Delays may affect eligibility for certain benefits.
- Gather medical evidence: Work with healthcare providers to document all treatment needs. This includes specialist reports and records of ongoing care.
- Submit a claim form: Use the SIRA claim form to detail the dependant’s circumstances and treatment requirements.
- Seek independent advice: If the insurer disputes the claim, consult a solicitor specialising in CTP matters. Legal advice can help navigate disputes over treatment funding.
Time limits and dispute resolution
The MAIA imposes strict deadlines. For example, dependants must notify the insurer within 52 weeks of the accident to claim weekly income payments. If the insurer refuses a claim, dependants can:
- Request a review of the decision
- Apply to the NSW Civil and Administrative Tribunal (NCAT) for a review
- Seek legal assistance to challenge the decision
Disputes over treatment funding are common. SIRA’s guidelines state that insurers must justify rejections by showing the treatment is not 'reasonably necessary' or unrelated to the accident.
When to seek legal advice
A solicitor can help if:
- The insurer denies a claim without clear reasoning
- The dependant’s treatment costs exceed the insurer’s offer
- The claimant needs help navigating SIRA’s complex process
Legal advice is particularly valuable when disputes arise over the scope of treatment coverage. A solicitor can also ensure all deadlines are met to preserve the dependant’s right to claim.
Summary of funding rules
Under NSW CTP, dependants of deceased claimants are entitled to:
- Funding for medical treatment directly related to the accident
- Weekly income payments for lost earnings
- Lump sum benefits for ongoing costs
Evidence of treatment needs and timely notification to the insurer are critical. If the insurer disputes a claim, legal advice can help secure the full amount owed.
Next steps for Bankstown residents
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.