What Changed for Fatal Motor Accident Claims After 2017?
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).
The 2017 reforms to New South Wales’ Compulsory Third Party (CTP) scheme significantly altered how dependants claim compensation after a fatal motor accident. Prior to the reforms, claims often relied on common law damages, which required proving fault and injury severity. Now, claims are governed by the Motor Accident Injuries Act 2017 (MAIA), which prioritises statutory benefits over common law damages. This shift means dependants no longer need to prove fault or injury thresholds to access support. Instead, they receive predefined benefits based on the accident’s circumstances.
How SIRA Handles Fatal Motor Accident Claims
The State Insurance Regulatory Authority (SIRA) administers CTP claims under the MAIA. For fatal accidents, dependants may claim weekly benefits, lump sum payments, and care benefits. SIRA evaluates claims based on the deceased’s circumstances, such as their income, dependants, and the accident’s date. Key changes include the removal of the ‘threshold injury’ requirement for dependants, meaning families can claim support even if the deceased’s injuries were not classified as ‘threshold injuries’ under the old system.
Documentation Required for Fatal Accident Claims
To support a claim, dependants must provide evidence such as:
- Medical records confirming the deceased’s condition
- Accident reports or police statements
- Witness details and statements
- Proof of dependants (e.g., birth certificates, financial records)
- Evidence of the deceased’s income and living expenses
A hypothetical example: If a cyclist dies in Ashfield after a collision with a car, dependants could claim weekly benefits for the deceased’s lost income, lump sum payments for their dependants, and care benefits if the deceased required ongoing support.
Time Limits and Dispute Options
Claims must be submitted within 52 weeks of the accident, unless the deceased’s death occurred after the accident (in which case the 52-week limit applies to the date of death). If a claim is denied, dependants can dispute the decision through SIRA’s internal review process. Legal advice is recommended if disputes escalate or if the claim involves complex circumstances.
When to Seek Legal Advice
The 2017 reforms introduced significant changes to CTP claims, including the shift to statutory benefits and the removal of fault-based claims. Families in Ashfield should seek legal guidance to understand their options, especially if the claim involves dependants, long-term care needs, or disputes with insurers. Legal professionals can also help navigate SIRA’s processes and ensure all required documentation is submitted.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.