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).
After a fatal motor accident in New South Wales, families and caregivers may be eligible for compensation through the NSW Compulsory Third Party (CTP) scheme. This article explains how dependants can claim funeral expenses, loss of income, and care-related costs, with specific considerations for regional NSW. It also outlines time limits, evidence requirements, and how caregiver needs are assessed under NSW law.
What Compensation Is Available for Families After a Fatal Accident?
Under the Motor Accident Injuries Act 2017, families of deceased claimants may receive compensation for:
- Funeral and related expenses
- Loss of income (including future earnings)
- Care and support needs for dependants
- Additional costs like travel or accommodation for dependants
SIRA (State Insurance Regulatory Authority) administers these claims. Families must notify the at-fault driver's insurer within 52 weeks of the accident to claim certain benefits, though some funeral costs may be claimable beyond this period if not included in the initial 52-week window.
How Are Caregiver Needs Assessed in CTP Claims?
Caregivers are entitled to compensation for:
- Loss of income if they reduce or stop work to care for dependants
- Additional living expenses incurred due to caregiving responsibilities
- Medical or therapeutic needs of the dependant
SIRA assesses these claims based on:
- Medical evidence confirming the dependant's needs
- Proof of the caregiver's income and work impact
- Documentation of additional living costs
For example, if a family member needs to leave their job to care for a child, the claim would include lost wages and any out-of-pocket expenses related to caregiving.
Unique Challenges for Families in Regional NSW
Regional NSW families may face:
- Limited access to legal services or SIRA offices
- Longer travel times to submit claims or attend meetings
- Fewer local support networks for dependants
- Potential delays in accessing specialist medical assessments
SIRA offers online claim submission and phone support, but families in remote areas may need to seek independent legal advice to navigate complex procedures.
Time Limits and Dispute Resolution
Claims for funeral expenses and dependant support must generally be submitted within 52 weeks of the accident. However, some costs (like ongoing care needs) may be claimable beyond this period if not included in the initial 52-week window.
If a claim is disputed, families can:
- Request a review from SIRA
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT)
- Consult a solicitor for formal dispute resolution
It's crucial to act promptly, as delays can reduce the amount of compensation available.
Practical Steps for Families and Caregivers
To support a claim, families should:
- Gather medical records confirming dependant needs
- Document all caregiving-related expenses
- Preserve accident reports, witness statements, and photos
- Keep records of income lost due to caregiving
- Notify the at-fault driver's insurer within 52 weeks
Families should also consider seeking legal advice if:
- The claim is disputed
- There are multiple dependants involved
- The injury resulted in long-term care needs
- The family is facing financial hardship due to the accident
When to Seek Legal Advice
Legal assistance is recommended if:
- The claim exceeds the standard SIRA benefit limits
- There are disputes over fault or contributory negligence
- The family needs help navigating SIRA's complex processes
- The claim involves multiple dependants or long-term care needs
Independent solicitors can help families understand their rights, prepare evidence, and ensure claims are submitted within time limits. Legal advice is particularly valuable in regional areas where access to support services may be limited.
Next Steps for Families in Regional NSW
If you're dealing with the aftermath of a fatal motor accident, it's essential to:
- Contact the at-fault driver's insurer within 52 weeks
- Gather all relevant evidence and documentation
- Seek support from local SIRA offices or online resources
- Consider legal advice if your claim is disputed or complex
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.