Fatal Accident Claims, Common Mistakes to Avoid (NSW-wide)
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've suffered a fatal motor accident in New South Wales, understanding the CTP compensation rules is critical. Fatal accident claims under the Motor Accident Injuries Act 2017 (MAIA) have specific requirements, and errors in the claims process can reduce or block compensation. This guide explains the most common mistakes to avoid, the evidence needed, and when to seek legal advice.
Key CTP Rules for Fatal Accidents
Under NSW CTP laws, the claimant must be a dependant of the deceased, such as a spouse, child, or parent. The claim must be made within 52 weeks of the accident, unless the deceased’s dependants have already received all available benefits. The Motor Accident Guidelines define 'dependants' based on financial reliance, not just family ties.
A common mistake is assuming all dependants automatically qualify. For example, a child living independently may not be eligible if they are not financially dependent. SIRA’s guidelines clarify that dependants must have relied on the deceased’s income or support.
Practical Steps and Evidence to Avoid Errors
To claim compensation, you must provide:
- Medical evidence of the deceased’s injuries (even if not visible) to establish the accident caused the death.
- Accident details including police reports, witness statements, and vehicle information.
- Financial records showing how the deceased supported dependants.
Mistakes often occur when claimants fail to notify the insurer within 52 weeks. Delays can result in lost benefits, as the MAIA limits weekly payments and treatment benefits after this period. For example, a family might miss the deadline if they delay reporting the accident while grieving.
Time Limits and Dispute Resolution
The 52-week time limit applies to all benefits, including weekly income payments and treatment costs. If the deceased’s injuries were not immediately fatal, the claimant must still act within this period. SIRA’s 'What you can claim' page explains that dependants may also seek compensation for loss of future income.
Disputes often arise when claimants fail to document the deceased’s financial support. For instance, a child claiming support from a parent who worked part-time may need to prove the parent’s income and the child’s reliance on it. Without this evidence, the claim risks being rejected.
When to Seek Legal Advice
Fatal accident claims are complex, especially when dependants have overlapping claims or the deceased’s injuries were not immediately fatal. A solicitor can help navigate the MAIA’s rules, such as determining if the deceased’s injuries met the 'threshold injury' definition under s 3.28.
If you’re unsure whether your circumstances fit the CTP scheme, contact a legal professional. Every claim depends on its own facts, and errors in the claims process can have lasting consequences.
Next Steps
Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.