In the unfortunate event where a person dies because of someone else’s negligence in a motor vehicle accident, a Compensation to Relatives claim may be made for their close relatives. This claim falls under the Compensation to Relatives Act 1897 (NSW) for compensation for loss of personal and financial support as a result of the death.
Eligible persons including:
- Parents, and
A level of personal or financial dependence is required between the eligible person and the deceased prior to their death.
A Compensation to Relatives claim is normally lodged for the eligible persons by the executor or administrator of the deceased’s estate however, if a claim is not lodged within 6 months, the eligible person themselves may lodge the claim.
Each claimant may seek damages for:
- funeral expenses,
- loss of care and services (such as those provided by a parent to a child),
- loss of financial support
- hospital or other medical expenses,
- loss of earnings the deceased suffered before the accident,
Reasonable funeral and cremation expenses are recoverable, though the cost of transporting the deceased to a distant location may not be recoverable.
Loss of care or services may encompass such things gardening, babysitting, assistance with homework and other things.
Loss of financial support is calculated by determining the expected earnings of the deceased and comparing the level of dependency from each claimant to the deceased. For instance, with children, the percentage of dependency is calculated to at least the age of 18 years. Other factors are also considered, such as whether the child will attend university.
There is also a possibility of lodging a Compensation to Relatives claim for blameless accidents where the motor accident in which the person died was because of a sudden illness of a driver, such as a heart attack, stroke, or vehicle failure.
To lodge a claim, the following steps are required:
- That the accident be reported to the police,
- Determine the CTP insurer of the motor vehicle considered to have caused the accident,
- That the motor vehicle and person considered at fault be identified,
- A Compensation to Relatives Claim form be completed for each claimant,
If a family member has died in a motor vehicle accident, we are able to guide you through your possible entitlements and assist you with the lodgement of your claim. Please contact Law Advice Compensation Lawyers on either our website chat, by sending us an email, by contacting us by telephone or using our Contact Us form on the website.