Time limits for claiming compensation after a fatal motor accident in NSW
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).
A claim for compensation following a fatal motor accident in New South Wales must generally be made within three years of the date of death. This time limit applies to claims made under the Motor Accident Injuries Act 2017 (MAIA), which governs all CTP compensation claims in NSW, including those arising from fatal accidents. The three-year period begins on the date the person died, not the date of the accident. This applies regardless of whether the claim is made by a dependant, executor of the estate, or a person who suffered financial loss due to the death.
In Greater Sydney, as in the rest of NSW, the law does not distinguish between fatal and non-fatal claims in terms of the underlying CTP scheme. However, the type of claim and the entitlements available differ significantly. For a fatal accident, the claim is not for personal injury but for financial loss suffered by dependants or the estate. The claim may include a claim for loss of dependency, funeral expenses, and, in some cases, a claim for the deceased’s pain and suffering before death.
How fatal claims differ from non-fatal claims under NSW law
Unlike non-fatal claims, which are primarily for personal injury and related losses, a fatal motor accident claim is brought on behalf of the deceased’s estate or dependants. The claim is not for the deceased’s pain and suffering after death, but for financial losses that occurred during their lifetime and that continue to affect those who relied on them.
Under the MAIA, a claim for a fatal accident can include:
- A claim for loss of financial support to dependants
- A claim for funeral and burial expenses
- A claim for the deceased’s pain and suffering in the period immediately before death, if it can be shown that they were conscious and experienced distress
- A claim for the value of services the deceased provided to the family, such as home maintenance, childcare, or household management
These claims are not subject to the same threshold injury rules that apply to non-fatal injury claims. There is no requirement for a threshold injury to be established in a fatal claim. The focus is on financial loss, not on the nature or severity of physical injury.
Evidence and practical steps that matter
To support a claim for compensation after a fatal motor accident, the following evidence is typically required:
- A death certificate
- Proof of dependency, such as financial support records, tax returns, or a statement from the deceased’s employer
- Evidence of the deceased’s income and contributions to household expenses
- A funeral invoice or receipt
- Medical records showing the deceased’s condition in the days before death, if a claim for pain and suffering is made
- Witness statements, if the accident occurred in a complex or disputed context
It is important to preserve all documentation related to the deceased’s financial contributions and the circumstances of the accident. This includes any police report, accident scene photographs, or correspondence with the CTP insurer.
Time limits and what happens if they are missed
The three-year time limit for making a claim after a fatal motor accident is strict. If a claim is not made within this period, the right to claim compensation under the CTP scheme is generally lost. This applies even if the claim is made by a family member, executor, or a person who was financially dependent on the deceased.
There is no automatic extension for claims arising from a fatal accident. The courts may, in rare cases, allow a claim to proceed if the applicant can show that they were prevented from making a claim within the time limit due to a reasonable excuse, such as being unaware of the death, being a minor at the time, or being misled by a CTP insurer. However, these exceptions are narrow and require legal evidence to support them.
If a claim is not made within three years, the CTP insurer is not obligated to pay compensation. The deceased’s estate cannot be reopened for a claim unless a court orders it, and such orders are uncommon.
When to seek advice
Given the strict time limits and the complexity of proving financial loss, it is advisable to seek legal advice as soon as possible after a fatal motor accident. The process of gathering evidence, identifying eligible dependants, and preparing a claim can take several months. Delaying advice may result in missing the time limit.
A realistic example: A mother in Sydney died in a car crash on 15 March 2024. Her two children, aged 10 and 12, relied on her for financial support and household care. The family did not know about the CTP claim process until 2026. The claim was not made until 2027. Because the three-year limit had passed, the claim was not accepted by the insurer. The family was unable to claim for loss of support or funeral expenses under the CTP scheme.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.