A guide for families who have lost a relative in a motor crash on NSW roads
There are services available to assist family members when they have lost a family member in a motor vehicle crash on NSW roads. These services can provide support and assistance in navigating the claims process and accessing trauma and grief support.
Contact SIRA’s CTP Assist
SIRA’s CTP Assist can assist people who may have been affected by a death on the road.
CTP Assist provides specialist support for family members of people who have died as a result of a motor crash. This includes immediate access to professional trauma and grief support services. This support is available for family members regardless of whether you decide to make a claim for personal injury.
CTP Assist can also provide you with:
- advice to help you understand eligibility for claims under the compulsory third party (CTP) insurance scheme
- assistance with identifying and getting in touch with the relevant CTP insurer
- information and answers to your questions throughout the claim process
- access to injury recovery information and online resources
- access to local community services.
Call CTP Assist on 1300 656 919 or email [email protected]
What benefits are available?
Different types of claims can arise following a motor vehicle crash. The main types of claims following a crash involving the death of a person are:
- funeral expenses
- support for psychological injury – witnesses and certain close family members of the person who died in the motor vehicle crash who suffer psychological injury
- lump sum compensation (compensation to relatives) – compensation for any support the deceased provided to dependants
- common law damages claim.
Funeral expenses
If a person dies as a result of a motor vehicle crash in NSW, the CTP Scheme can cover the costs of their funeral.
Transportation of the body of the person who died
If the usual place of residence of the deceased person was at the time of the person’s death in Australia, funeral expenses include the reasonable cost of transporting the body of the deceased to their usual place of residence or other appropriate place.
If the deceased person usually resided in a country other than Australia, the funeral expenses include the reasonable cost of transporting the body of the deceased to that country.
Who can apply?
Funeral expenses are payable to the 'legal personal representative' of the deceased person. If there is no ‘legal personal representative’, payment for the funeral expenses is to the person who has paid or is liable to pay those expenses.
When does the claim for funeral expenses have to be made?
A claim for funeral expenses is to be made within 3 months after the date of the motor vehicle crash.
If the claim is made late (more than three months after the motor vehicle crash) you will be asked to provide an explanation for the delay. The insurer will let you know if this is required.
Support for psychological injury
If you have a psychological injury due to the death of a close family member in a motor vehicle crash, then you may be eligible for benefits and support to help you.
Witnesses to the crash who are diagnosed with a psychological injury may also be entitled to claim.
Support may include:
- Weekly payments for loss of earnings if you are unable to work due to your psychological injury
- Payment of medical treatment and care expenses
- Payment of domestic assistance expenses
You may also be eligible to claim lump sum damages.
The insurer can also pay for some treatment sessions before your claim is made.
Lump sum compensation (compensation to relatives)
If you are a close relative and were dependent on the person who died in a motor vehicle crash then you may be able to claim lump sum compensation.
You may be eligible to claim for lost earnings of the person who died and for domestic services the person provided. For example, the spouse of a person who died in a motor vehicle crash may be able to claim for lost earnings of the person who died and for the contribution the person made to domestic duties.
Who can apply?
Close relatives of the person who died may be eligible to claim lump sum compensation.
SIRA’s CTP Assist can help you understand how to make a claim for lump sum compensation.
Additional Supports
If you would like to obtain legal advice, the Law Society of New South Wales can help you get in contact with a lawyer. Please visit the Law Society Referral Service for further information or contact the Law Society on 02 9926 0333.
The Road Trauma Support Group NSW was formed by family members of road trauma victims. Funded by NSW Government and in partnership with NSW Police, The Group provides specialist professional trauma-informed grief counsellors, peer support and continuity of long-term care. If you or someone you know needs help at this time please reach out to the Road Trauma Helpline 1800 808 384 or email [email protected]. Further information is available on the Road Trauma Support Group website.
How to make a claim
Complete the form for the claim you would like to make.
CTP Assist can help you identify which form you should use and how to fill in the information.
- Application for funeral expenses claim form. Use this form if you are only claiming for funeral expenses.
- Application for personal injury benefits Use this form if you were injured in the motor vehicle crash, if you have suffered a psychological injury due to the death of a close family member or if you have a psychological injury due to witnessing a motor vehicle crash.
- Application to compensate relatives. Use this form if you are claiming for lump sum compensation.
Attach documents
Anything that helps the insurer to assess the claim can be included. Further instructions can be found on the claim form.
If you forget to include something, don’t worry. The insurer will let you know if they need more information to assess the claim.
Send to the insurer
In most cases the claim form should be sent to the insurer of the vehicle you think was most at fault in causing the crash. If you don't know which insurer to make a claim through, our CTP Assist team can help. You can also contact CTP Assist if you want to check you have everything you need before you lodge your claim. You can call them on 1300 656 919 or email [email protected].