If a loved one died in a motor accident in New South Wales, dependants may be eligible for compensation under the NSW Compulsory Third Party (CTP) scheme. This article explains how to claim weekly income payments, lump sum damages, and funeral expenses using SIRA's rules. Practical examples show how SIRA assesses claims based on the deceased's circumstances and the needs of dependants.
How SIRA Handles Fatal Claims
The Motor Accident Injuries Act 2017 governs claims for fatalities. SIRA evaluates claims by considering:
- The deceased's income and life expectancy
- The financial reliance of dependants
- The nature of the injury (including soft tissue injuries)
Key benefits include:
- Weekly income payments for dependants who lost a primary income earner
- Lump sum damages for loss of future income, care, and companionship
- Funeral expenses reimbursement up to a specified limit
For example, a family whose breadwinner died in a car crash may claim weekly payments for children under 18 or financially reliant adults. A 40-year-old with a 30-year career would have their future earnings calculated to determine lump sum damages.
Evidence Required for a Claim
To support a claim, gather:
- Medical records confirming the deceased's condition and cause of death
- Financial records showing the deceased's income and dependants' reliance
- Police reports, accident reports, and witness statements
- Proof of funeral costs (e.g., invoices)
SIRA may request additional information, such as a medical report assessing the deceased's life expectancy. If the deceased was a 40-year-old with a 30-year career, SIRA would calculate future income losses accordingly.
Time Limits and Dispute Options
Claims must be made within 52 weeks of the accident unless the deceased's only injuries were soft tissue injuries (threshold injuries). For fatalities, weekly payments generally stop after 52 weeks, but lump sum damages may still be pursued. If SIRA disputes a claim:
- You may request a review by the NSW Civil and Administrative Tribunal (NCAT)
- You may seek legal advice to challenge the assessment
Key Differences from Non-Fatal Claims
Fatal claims differ in two main ways:
- Lump sum damages are calculated based on the deceased's potential future earnings, not their current income
- Dependants must prove their financial reliance on the deceased, which may involve tax records or school enrollment details
For example, a child under 18 who lost a parent would claim weekly payments until they reach 18, while a 20-year-old student reliant on their parent's income could claim for a longer period.
When to Seek Legal Advice
While SIRA handles many claims, complex cases such as disputes over life expectancy or multiple dependants may require a solicitor. Legal professionals can assist with:
- Navigating SIRA's assessment process
- Challenging decisions by NCAT
- Ensuring all evidence meets legal standards
If your claim involves a fatality, time limits and procedural requirements can significantly impact outcomes. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.