Fatal Motor Accident Claims in NSW: What Dependants Need to Know
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).
If a fatal motor accident occurs in Newcastle or Hunter, dependants may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This guide explains the benefits available, how claims are assessed by SIRA, and practical steps to take.
Key Benefits for Fatal Accidents
Under the Motor Accident Injuries Act 2017, dependants of deceased victims can claim compensation for:
- Loss of income (including future earnings)
- Outstanding medical expenses
- Care and support costs
- Pain and suffering (if applicable)
SIRA assesses claims based on the deceased’s circumstances, not the deceased’s estate. For example, a family reliant on the deceased’s income may claim ongoing financial support.
How SIRA Assesses Claims in Newcastle and Hunter
SIRA evaluates claims using the Motor Accident Guidelines. Key factors include:
- Dependancy proof: Evidence like payslips, bank statements, or witness statements showing financial reliance.
- Accident details: Police reports, medical records, and witness accounts.
- Injury severity: For fatal claims, SIRA considers the deceased’s pre-accident health and lifestyle.
In the Hunter region, claims often involve rural road incidents, while Newcastle claims may include urban traffic accidents. SIRA’s Newcastle office handles local assessments.
Essential Documentation for Claims
To support a claim, gather:
- Medical records (even if the deceased passed away)
- Accident reports from police or witnesses
- Witness contact details
- Proof of dependant status (e.g., family records, financial documents)
- Medical bills or care costs incurred
For example, if a cyclist died in a car accident in Newcastle, their partner would need to show they relied on the deceased’s income and incurred medical costs.
Time Limits and Dispute Options
Claims must be submitted within 52 weeks of the accident, unless there are exceptional circumstances. SIRA may also impose a 52-week limit on benefits if the deceased’s injuries were limited to threshold injuries.
If SIRA rejects a claim, dependants can:
- Request a review by SIRA
- Lodge a complaint with the NSW Civil and Administrative Tribunal (NCAT)
When to Seek Legal Advice
Complex cases, such as those involving multiple dependants or disputed fault, may require legal assistance. A solicitor can help navigate SIRA’s assessment process and ensure all evidence is properly submitted.
Next Steps
CTP claims depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form.