Fatal Motor Accident Compensation in NSW
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 motor accident results in a fatality, dependants may be eligible for compensation under NSW’s Compulsory Third Party (CTP) scheme. This includes coverage for treatment and rehabilitation planning, even if the injured person has died. The New South Wales Motor Accident Injuries Act 2017 governs these claims, ensuring dependants receive support for medical care, lost income, and future needs.
How SIRA Handles Claims for Fatal Accidents
The State Insurance Regulatory Authority (SIRA) administers CTP claims in NSW. For fatal accidents, dependants can claim compensation for:
- Past and future medical treatment
- Rehabilitation services
- Loss of income or support
- Funeral expenses
SIRA assesses claims based on medical evidence, including reports from doctors and specialists. Families should provide detailed records of the deceased’s injuries, treatment plans, and financial dependence to support their claim.
Practical Steps for Families
To pursue compensation, families should:
- Gather medical records and treatment plans
- Document the deceased’s income and dependants’ financial reliance
- Collect accident details, witness statements, and police reports
- Contact the at-fault driver’s insurer through SIRA
SIRA’s regional offices in Illawarra and South Coast handle claims, but the process is consistent across NSW. Families should act promptly, as time limits apply.
Time Limits and Dispute Options
Claims must be submitted within 52 weeks of the accident under the Motor Accident Injuries Act 2017. If a family disputes a decision, they can request a review through SIRA or seek legal advice. Independent legal counsel can help challenge decisions or negotiate better outcomes.
Example: Rehabilitation Planning for a Dependant
Consider a family where the deceased was a primary caregiver. SIRA may approve funding for a home care assistant, physiotherapy, and occupational therapy to support the dependant’s recovery. Medical reports detailing the need for ongoing treatment are critical to securing these benefits.
When to Seek Legal Advice
Families should consult a lawyer if:
- The claim is denied or delayed
- There are disputes over medical necessity
- The deceased’s dependants have complex financial needs
Legal professionals can help navigate SIRA’s requirements and ensure all evidence supports the claim.
Next Steps
CTP claims for fatal accidents depend on the accident date, injury type, and evidence provided. To request contact about your circumstances, complete the quick, no obligation enquiry form.