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).
If you're seeking compensation after a fatal motor accident in New South Wales, understanding what evidence to gather and how to preserve records is critical. Under the NSW Compulsory Third Party (CTP) scheme, dependants of deceased claimants may be eligible for financial support, but claims depend on meeting specific legal requirements. This article explains the evidence needed to support a fatal motor accident claim, how to keep records compliant with SIRA guidelines, and when to seek legal advice.
What Evidence is Required for a Fatal Motor Accident Claim?
To support a claim under the Motor Accident Injuries Act 2017, you must provide evidence that the deceased suffered a threshold injury or death as a result of the accident. Key records include:
- Medical documentation: Proof of the deceased’s injuries, including hospital records, autopsy reports, and statements from medical practitioners.
- Accident report: A detailed account of the incident, including police reports, traffic camera footage, and witness statements.
- Witness statements: Accounts from people who saw the accident, including details of the vehicles involved, speeds, and road conditions.
- Financial records: Evidence of the deceased’s income, dependants, and financial needs, such as payslips, bank statements, and family records.
- SIRA claim form: Completing and submitting the official claim form, which requires specific details about the deceased’s circumstances.
How to Keep Records Compliant with SIRA Guidelines
The State Insurance Regulatory Authority (SIRA) oversees the CTP scheme and sets standards for claims. For fatal claims, SIRA requires:
- Immediate notification: Inform the at-fault driver’s insurer within 52 weeks of the accident, as per the Motor Accident Injuries Act 2017 s 4.4.
- Chain of custody for evidence: Ensure all records are preserved in a way that shows they have not been altered or lost. Digital copies should be stored securely, and physical documents should be kept in a safe location.
- Witness contact details: Maintain contact information for all witnesses, as their statements may be needed during claim assessments.
- Medical records: Ensure that all medical records are complete, including documentation of the deceased’s pre-existing conditions, as these may affect eligibility for certain benefits.
Time Limits and When to Seek Advice
Claims under the CTP scheme have strict time limits. For example, dependants must notify the insurer within 52 weeks of the accident, and claims must be submitted within this period. Delays can result in reduced benefits or claim rejection. If the deceased’s injuries were not immediately apparent, or if there are disputes about fault, it is essential to seek legal advice promptly. A solicitor can help ensure all evidence is properly prepared and submitted within the required timeframe.
A Hypothetical Example
Consider a scenario where a pedestrian is killed in a car accident in Western Sydney. The family would need to provide:
- A police report confirming the accident location and circumstances.
- Medical records from the hospital showing the deceased’s injuries.
- Witness statements from bystanders who saw the incident.
- Proof of the deceased’s income and dependants, such as pay stubs and family records.
In this case, the family would also need to complete the SIRA claim form and submit it within 52 weeks. If the insurer disputes the claim, the family may need to provide additional evidence or seek mediation.
Next Steps
If you are dealing with a fatal motor accident claim, it is crucial to act quickly and keep all records secure. While this article provides general guidance, the specifics of your case will determine the best course of action. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.