Compensation After a Fatal Motor Accident

In the first days and weeks after a death, practical questions arrive alongside grief: the funeral, the bills, and how the household will manage. Compensation is rarely the first thing on anyone's mind, and it doesn't need to be. But some steps have time limits, so it helps to know what exists.

What follows is general information about the NSW CTP scheme. Every family's situation is different, and a specialist lawyer can explain what applies to yours.

If you need to talk to someone right now, Lifeline is available on 13 11 14, any time of day or night.

What families may be able to claim

• Funeral expenses: CTP insurance covers reasonable funeral expenses regardless of fault, including transporting the person to near their usual home. The legal personal representative of the person who died (usually a close family member) can apply. Keep the invoices and receipts.
• Loss of financial support: close relatives who were financially dependent on the person who died, such as a spouse or de facto partner, parent, child or sibling, may be able to claim compensation, including for the lost financial support and the domestic services the person provided. This is often called a compensation to relatives or dependency claim.
• Support along the way: CTP Assist, run by SIRA, can arrange a Principal Liaison Coordinator to help families through the process. Call 1300 656 919 and ask for one, or email fatalitysupport@sira.nsw.gov.au. It's free, and separate from any legal advice you choose to get.

Things that can affect a claim

• Fault: funeral expenses are covered regardless of fault. A claim for lost financial support generally depends on the person who died not being mostly at fault, so if fault is in question, it's worth getting advice rather than assuming there's nothing.
• Who was financially dependent: the claim is about real financial support, so records of the person's income and how it supported the household matter.
• Time limits: lodge within 3 months of the crash if possible. Later claims need a satisfactory explanation, and claims must generally be made within 3 years. This isn't something to deal with in the first days, but it's a reason not to leave it for many months. A lawyer can tell you which dates matter for your family.
• Other schemes: if the person died while working, workers compensation death benefits may also be relevant.

How a specialist lawyer typically helps

A lawyer who handles fatal motor accident claims will usually move at your pace. Their role is to take the process off your hands:

• Identifying the right CTP insurer and lodging the claims that apply, on time.
• Dealing with the insurer, so the family doesn't have to keep retelling what happened.
• Gathering the documents needed, such as the death certificate, police and coronial information, and financial records.
• Working out who in the family may have a claim, including children, and how a child's share is protected.
• Explaining any offer clearly, and what it means for each person who depended on the person who died.

Do you need a lawyer for every part?

Not necessarily. Funeral expenses can be claimed through the CTP insurer, and CTP Assist's Principal Liaison Coordinators can guide families through that process for free. Claims for lost financial support are more complex, and that's where families most often find a specialist lawyer useful.

If you were also injured in the accident, your own claim, including your treatment and Certificate of Fitness, is separate. We can point you to doctors and allied health for that too.

Questions you may want to ask

• Who in our family may have a claim, and does each person need to do anything?
• Which time limits apply to us?
• Who will be our contact, and how will you keep us informed?
• How are your costs worked out, and can we have that in writing?

Costs, and taking your time

Our claim check is free and there's no obligation. Many motor accident lawyers offer no win, no fee arrangements, which generally means no professional fees unless the claim succeeds. Terms vary, so ask for a written costs disclosure before signing anything.

When you contact us, you can simply tell us what happened and what's worrying you most. We'll listen, explain the options in plain English and, if you'd like, connect you with an independent specialist lawyer. There's no pressure to decide anything on the first call.