Who Can Claim Compensation After a Fatal Motor Accident in NSW?
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).
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).
Under the NSW Compulsory Third Party (CTP) scheme, dependants of a deceased person may be eligible for compensation if the death resulted from a motor accident. This includes spouses, children, parents, siblings, and other family members who relied on the deceased for financial support. The claim must be made by a dependant, not the deceased person themselves. SIRA’s guidelines clarify that eligibility depends on the relationship and financial dependency at the time of the accident.
What Evidence Is Needed to Prove Eligibility?
To claim compensation, you’ll need to provide:
- A death certificate confirming the accident caused the death
- Proof of your relationship to the deceased (e.g., birth certificate, marriage certificate)
- Evidence of financial dependency, such as payslips, bank statements, or witness statements
- Details of the accident, including police reports and witness contact information
- Medical records if the deceased’s injuries were a contributing factor
These documents help establish that you were a dependant and that the accident directly caused the death.
How Does the CTP Scheme Handle Fatal Accidents?
Unlike non-fatal claims, which cover medical expenses and income loss, fatal accident claims under the CTP scheme focus on the financial impact of the death. Eligible dependants may claim:
- Funeral and burial costs
- Loss of future income
- Out-of-pocket expenses incurred due to the death
- Compensation for loss of care, companionship, or emotional support
The CTP scheme does not cover claims for pain and suffering, as these are handled through the common law (non-CTP) claims process. However, dependants may pursue both CTP and common law claims if applicable.
Time Limits and Dispute Resolution
Claims must be made within 52 weeks of the accident if the injury was a 'threshold injury' (as defined by the Motor Accident Guidelines). For fatal accidents, the time limit is not explicitly stated in the CTP scheme, but delays may reduce the chances of securing full compensation. If the claim is disputed, you may need to:
- Request a review from the insurer
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT)
- Consult a legal professional to challenge the decision
A Hypothetical Example
Consider a scenario where a parent dies in a car crash in the Blue Mountains. Their child, who relied on them for financial support, may claim compensation for lost income and funeral costs. The claimant would need to prove the parent’s income, the child’s dependency, and the accident’s role in the death. The CTP insurer would assess the claim based on SIRA’s guidelines.
When to Seek Legal Advice
The CTP scheme has strict rules about who can claim, what evidence is required, and how claims are assessed. If you’re unsure whether you qualify, or if your claim is rejected, it’s important to seek legal advice. A lawyer can help you understand your options and ensure your claim meets all legal requirements.
Next Steps
CTP entitlements depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.