Personal injury benefits following a motor crash fatality
Information to help you make a claim for psychological injury following a motor crash fatality, including eligibility requirements and how to apply.
Key information
If you are a family member of someone who died as the result of a motor crash and have been diagnosed with a psychological injury, you may be eligible to make a claim for personal injury benefits.
Individuals who witness a fatality at the scene of a crash and who are diagnosed with a psychological injury after the event can also make a claim for personal injury benefits.
Personal injury benefits to support psychological injury can include:
- wage payments,
- medical and treatment expenses,
- domestic assistance, and
- occupational rehabilitation programs .
These types of benefits are often referred to as 'statutory benefits'. You can read more about how statutory benefits are defined under the Motor Accident Injuries Act 2017 (the Act).
When to lodge a claim
Make your claim as soon as possible
To receive wage payments from the day after the accident and to avoid delays, it is best to submit the claim within 28 days. Claims can still be accepted after 28 days, but an explanation for the delay will be required to be eligible for back pay.
Claims for other statutory benefits can be lodged until three months after the date of the motor crash to which the claim relates.
For more information about the time frames for lodging a claim, please refer to the Act.
Wage payments
If you are unable to work due to a diagnosed psychological injury (such as trauma or anxiety), you may be entitled to receive wage payments to compensate for loss of earnings. Regular wage payments compensate you for a percentage of the income you have lost due to your inability to work. These payments can help with day-to-day expenses until you are able to return to work.
The payments are based on a percentage of the earnings you had before the crash took place:
- for the first 13 weeks the maximum is 95 per cent of earnings
- after 13 weeks the maximum is 85 per cent (depending on whether you have total or partial loss of earning capacity)
To qualify for continued wage payments after 12 months, a number of conditions apply. If the person who passed away was deemed the driver at fault or if the psychological injury diagnosis for a family member or witness with a personal injury claim is assessed as ‘threshold’ (as defined in the legislation), then payments will cease at 12 months.
Furthermore, to continue to receive income payments after two years, you must have an ongoing loss of earning capacity and you must have lodged a claim for damages.
Medical treatment and expenses
There are provisions in place so that individuals can access early treatment such as counselling before they have lodged a claim with the relevant insurer. You can contact the CTP Assist team on 1300 656 919 or email [email protected] for assistance with this.
There is also the option to access grief and trauma support through the SIRA Trauma Support Service without going through the claims process.
When a claim has been lodged, the insurer may pay for all reasonable and necessary expenses for psychological injury. These expenses can include:
- medical expenses such as consultations with a general practitioner,
- psychologist appointments,
- exercise physiology sessions,
- travel expenses to and from appointments for treatment.
To qualify for medical and treatment expense payments after 12 months, a number of conditions apply. If the person who passed away was deemed the driver at fault or if the psychological injury diagnosis for a family member or witness with a personal injury claim is assessed as ‘threshold’ (as defined in the legislation), then payments will cease at 12 months.
Who can apply?
Eligible family members of individuals who died as the result of a motor crash and who are subsequently diagnosed with a psychological injury can make a claim for personal injury benefits.
A ‘close member’ of the family of a victim is defined as:
- a parent of the victim or other person with parental responsibility for the victim; or
- the spouse or partner of the victim; or
- a child or stepchild of the victim or any other person for whom the victim has parental responsibility; or
- a brother, sister, half-brother or half-sister, or stepbrother or stepsister of the victim.
Spouse or partner means:
- a husband or wife, or
- a de facto partner.
Individuals who witness a fatality at the scene of a crash and who are diagnosed with a psychological injury after the event can also make a claim for personal injury benefits.
Note: you cannot claim personal injury benefits if you were involved in the crash and charged with a serious driving offence relating to the crash, or if you were the at-fault driver of an uninsured vehicle involved in the crash.
How to apply
You will need to lodge your claim for personal injury benefits with the relevant insurer.
The insurer will ask for specific information to assess your claim. This information includes:
- A completed Application for personal injury benefits form.
- A Certificate of fitness completed by a treating medical practitioner.
- Police event number for the motor crash.
- Wage information or proof of earnings (such as payslips).
- Receipts for any incurred medical expenses.
More help
If you need any support with claims lodgement, please contact the CTP Assist team on 1300 656 919 or email [email protected].