If you're seeking compensation after a fatal motor accident in New South Wales, retaining the right evidence is critical. Under the NSW Compulsory Third Party (CTP) scheme, dependants of deceased victims may claim compensation for financial losses, medical expenses, and other damages. This article explains what evidence is required, how to properly retain records, and which documents are essential to support your claim.
What Evidence Is Required for Fatal Motor Accident Claims?
To prove a claim under the Motor Accident Injuries Act 2017, you must demonstrate the accident's circumstances, the deceased's injuries, and the resulting financial impact. Key evidence includes:
- Medical records: Detailed records of the deceased's injuries, treatment, and prognosis, including specialist reports and imaging.
- Accident reports: Police reports, traffic camera footage, and witness statements that establish the accident's cause and sequence.
- Witness statements: Accounts from people who saw the accident, including drivers, pedestrians, or bystanders.
- Financial records: Proof of lost income, funeral costs, and ongoing expenses like care or medical bills.
- Insurer correspondence: Emails or letters with the at-fault driver's insurer showing attempts to claim.
These documents help establish the deceased's injuries, the accident's fault, and the dependants' losses. For example, medical records showing a spinal nerve-root injury (as defined in the Motor Accident Guidelines) may qualify for treatment benefits.
How to Properly Retain Records for Fatal CTP Claims
Preserving evidence is time-sensitive. Under the CTP scheme, weekly benefits for threshold injuries are limited to 52 weeks, and disputes over claims may arise. To retain records effectively:
- Secure medical records: Obtain copies of all treatment documents from hospitals, GPs, and specialists. Ensure records include dates of injury, treatment plans, and prognosis.
- Document the accident: Collect police reports, traffic camera footage, and witness statements promptly. If the accident occurred on a car park or private property, note the location's legal character (e.g., whether it was a public road).
- Track financial impacts: Keep receipts for funeral costs, medical bills, and any out-of-pocket expenses. For dependants, show how the deceased's income supported the household.
- Preserve insurer communications: Save all emails, letters, or calls with the at-fault driver's insurer. Note any delays in processing claims.
A hypothetical example: A family retains medical records showing a spinal nerve-root injury, a police report detailing the accident, and financial records of lost income. These documents support a claim for weekly benefits and compensation for the deceased's dependants.
Time Limits, Disputes, and When to Seek Advice
The CTP scheme has strict time limits. For example, weekly benefits for threshold injuries are generally limited to 52 weeks, and dependants must act quickly to claim. If the deceased's injuries exceed the threshold, the time limit for benefits may extend, but this depends on the injury's severity and medical evidence.
Disputes may arise over fault, injury severity, or the appropriateness of benefits. For instance, an insurer may dispute whether the deceased's injuries qualify as threshold injuries under the Motor Accident Guidelines. In such cases, legal advice is essential to challenge the insurer's assessment.
If you're unsure whether your evidence meets the CTP scheme's requirements, seek guidance. The NSW government's SIRA website provides detailed information on what you can claim, but individual circumstances may require tailored advice.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.