Dependants of fatal motor accident victims in New South Wales may claim compensation for assistance with daily activities under the Compulsory Third Party (CTP) scheme. This article explains how to pursue claims for recovery support, referencing SIRA guidelines and practical considerations for survivors in the Blue Mountains and Nepean regions.
CTP Compensation for Daily Activity Recovery
Under the Motor Accident Injuries Act 2017, CTP insurance covers dependants of deceased claimants. Survivors may claim compensation for:
- Rehabilitation and recovery costs
- Loss of income due to inability to work
- Assistance with daily living activities such as cooking, cleaning, and personal care
The State Insurance Regulatory Authority (SIRA) administers these benefits, while the New South Wales Civil and Administrative Tribunal (NCAT) resolves disputes. Key principles include:
- CTP covers dependants, not the deceased person
- Claims must be submitted within 52 weeks of the accident unless extended
- Benefits are limited to injuries resulting from the accident
Evidence Required for Daily Activity Claims
To claim compensation for daily activity recovery, survivors must provide:
- Medical evidence showing need for assistance with routine tasks (e.g., cooking, mobility)
- Income records to establish financial impact of lost work capacity
- Police reports, witness statements, and photographic evidence of the accident
- Documentation of the deceased's income and dependency relationship
In the Blue Mountains and Nepean regions, claimants should also:
- Seek local SIRA office assistance for region-specific claim processing
- Consult with a registered medical practitioner to assess recovery progress
Time Limits and Benefit Restrictions
CTP claims must be submitted within 52 weeks of the accident, unless an extension is granted by NCAT. For fatal accidents, dependants may need to apply for an extension if recovery is expected to take longer than this period.
Weekly benefits and treatment and care benefits generally cease after 52 weeks where only threshold injuries (soft tissue injuries) are involved. This applies to claims where the deceased's injuries were limited to soft tissue damage, such as whiplash or minor fractures, without permanent impairment.
When to Seek Legal Advice
Claimants should consult a legal professional if:
- The at-fault driver's insurer disputes liability
- Medical evidence is contested
- The claim exceeds the 52-week statutory period
- Additional benefits such as lifetime care or loss of consortium are sought
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.