Map6After a death
After a fatal crash
There are people you can talk to now, before any form is filled in, and the schemes have staff whose work is helping families through the claim. Every state and territory scheme describes help with funeral costs, though in some it depends on who was at fault, and most also describe support for people who depended on the person who died.
General information, not legal advice. Each scheme sets its own rules and they change. Check the scheme for the state or territory where the crash happened: MAIC (Qld), SIRA (NSW), TAC (Vic), CTP Insurance Regulator (SA), Insurance Commission of WA, MAIB (Tas), ACT MAI Commission and NT MACC.
A1Someone to talk to
Support does not have to wait for a claim. These services are listed on official scheme pages or run by the services themselves. If anyone’s life is in danger, call Triple Zero (000).
| Where | Service | Contact |
|---|---|---|
| Anywhere | Lifeline: crisis support, 24 hours a day, 7 days a week | 13 11 14 |
| NSW | SIRA’s trauma support service gives eligible family members prompt access to a psychologist for grief and trauma support, without needing to make a claim. A Principal Liaison Coordinator arranges the referral. | CTP Assist, 1300 656 919; fatalitysupport@sira.nsw.gov.au |
| NSW | Road Trauma Support Group NSW: support for families and friends whose loved ones were killed through a criminal act on the roads | 24/7 support line, 1800 808 384 |
| VIC | Amber Community: free counselling and support for people affected by road trauma, funded by the TAC | 1300 367 797 |
| VIC | TAC Family Benefits team, who can help with the claim form and questions | 03 5225 6200; familybenefits@tac.vic.gov.au |
| SA | The CTP Regulator’s fatality claims page lists other support, including the Road Trauma Support Team of South Australia (free counselling for people affected by road trauma), Funeral AssistanceSA and Victims of Crime South Australia, and a fact sheet with contacts at each insurer who are trained in helping people through fatality claims | Links and fact sheet on the CTP Regulator’s page |
| WA | Road Trauma Support WA: counselling and support, no referral needed | 1300 004 814 (free call) |
| TAS | Road Trauma Support Tasmania: free, confidential counselling for anyone affected by road trauma, funded by the MAIB | By phone, text or email: details on the MAIB’s page |
| TAS | MAIB claims officers, who guide families through lodging a claim | 1800 006 224 |
| ACT | Defined Benefits Information Service: free information and help with MAI Scheme applications | Weekdays 9am to 5pm: details on the ACT MAI Commission’s page |
| NT | TIO MAC claims team, who can help with the fatality claim form | 1300 493 506 |
In Queensland, MAIC’s page points families to the CTP insurer of the vehicle that may have been at fault, or to their lawyer if they have one; Lifeline is available everywhere.
B2Funeral costs
In some places the funeral director deals with the scheme directly: in Tasmania most funeral directors invoice the MAIB, and in the Northern Territory MAC can pay the funeral provider.
- NSW
The CTP scheme covers the funeral costs of a person who dies in a motor vehicle crash in NSW, regardless of fault. The person’s legal personal representative, usually a close family member, applies, before or after the funeral. The scheme also covers bringing the person home if the crash happened elsewhere, including interstate and overseas transfers.
- VIC
The TAC can pay the reasonable costs of a funeral and monument in Australia, up to a limit on its page, and can reimburse travel and accommodation for immediate family who live more than 100 km from the service.
- QLD
Where the crash was caused fully or partly by another driver, the CTP scheme may cover reasonable funeral costs.
- SA
A claim can be made if a South Australian vehicle caused the accident and the person who died was not solely responsible. If it is accepted, the insurer covers funeral expenses.
- WA
Close relatives who depended on the person may be able to claim funeral and headstone expenses, in line with the WorkCover rate, as part of a dependency claim.
- TAS
The MAIB pays towards burial or cremation, up to a limit on its page; gravestone and plaque costs are not covered. Most funeral directors invoice the MAIB directly.
- ACT
The person responsible for paying for the funeral can make a Funeral Benefits Application to an ACT MAI insurer.
- NT
MAC can help towards the funeral, including burial, cremation and a monument, paying the funeral provider directly or reimbursing you.
C3Support for people who depended on them
When a partner, parent or carer dies, the schemes can help replace some of what they provided. The words differ, and so do the rules about fault.
- NSW
Compensation is available to close relatives who depended on a person who died and was not at fault; it may also be payable when the person was partly at fault. The claim uses the “Application to compensate relatives” form.
- VIC
The TAC describes a lump sum and regular payments for a dependent spouse or partner, help with childcare and household tasks, and support for dependent children, including a lump sum held by State Trustees until the child turns 18.
- QLD
Financial support may be available if you relied on the person for income (a spouse, including a de facto partner, dependent children or other dependants), and domestic support if you relied on them for things like childcare and home maintenance.
- SA
Compensation may be available for the deceased’s family if a fatality claim is accepted.
- WA
A close relative who depended on the person for financial or other support may be able to make a dependency claim under the Fatal Accidents Act 1959, for loss of financial support and of services the person provided.
- TAS
A lump sum may be payable to dependants, with an additional amount for dependent children in some cases. The MAIB asks for its Form E and evidence of dependency, and a claims officer helps with it.
- ACT
A Dependant Benefits Application covers all dependants in one application. Once the insurer accepts it, the insurer applies to the ACT Civil and Administrative Tribunal for a payment order, and each dependant is told about it.
- NT
Lump sum death benefits may be paid to a surviving spouse or de facto partner and dependent children; children’s shares are held by the Public Trustee until they turn 18. Fortnightly payments for dependent children continue until 16, or 21 for a child who is disabled or in full-time education. Close family may also be reimbursed for emergency travel of 500 km or more.
D4Grief, counselling and psychological injury
Some schemes recognise that a death harms the people left behind, and pay for help.
- NSW: a family member who is diagnosed with a psychological injury after the death may claim personal injury benefits, including wage payments and treatment; so may a person who witnessed the death at the scene. These benefits are not open to anyone who was in the crash and has been charged with a serious driving offence over it, or who was the at-fault driver of an uninsured vehicle in it. Where the person who died was deemed the at-fault driver, or the psychological injury is assessed as ‘threshold’ under the legislation, wage and treatment payments end at 12 months. For anyone else, payments after 12 months depend on further conditions.
- Victoria: the TAC pays for counselling for family members, provided by a doctor, registered psychologist or qualified social worker. A family member with a diagnosed mental injury may also be able to make a separate claim.
- Tasmania: the MAIB can pay for counselling for immediate family members, where the person who died has an accepted claim.
E5Papers, and the dates on the pages
No one expects a family to have everything at once. South Australia says a claim can be lodged with some information missing, and the Northern Territory says a claim can be made immediately after a death.
- A death certificate, or an interim one. South Australia asks for a copy if available; in the ACT, if no document is available, the insurer can be pointed to media reports of the accident for a funeral claim.
- In the Northern Territory, a Coroner’s report confirming the circumstances, when it is available, and evidence of dependants such as marriage and birth certificates.
- For a NSW psychological injury claim, a Certificate of fitness from a treating doctor and the police event number.
| Where | Claim | What the page says |
|---|---|---|
| NSW | Psychological injury benefits for family members | Best lodged within 28 days to receive wage payments from the day after the crash; later claims need an explanation for back pay. Claims for other statutory benefits can be lodged until three months after the crash. |
| NSW | Funeral expenses | Submit within 3 months of the crash; later claims are considered with a satisfactory explanation. |
| ACT | Funeral benefits | Up to 1 year from the date of death; after 13 weeks the insurer may ask why. |
| ACT | Dependant benefits | Within 13 weeks of the death, once a death certificate is available. |
| QLD | CTP claims | The Notice of Accident Claim Form is due by the earlier of nine months from the crash (or from when symptoms first appeared, if not obvious at once) and one month from your first meeting with a lawyer you have engaged for the claim; three months if the at-fault vehicle cannot be identified. Children under 18 have different time limits. A late form can explain the delay, and the insurer decides, at its discretion, whether to accept the claim. |
| SA | CTP claims | After six months the insurer will ask for a reason for the delay; after three years a claim will generally not be accepted, except in very limited legal exceptions. |
| WA | Dependency claim | In most cases within 3 years of the date the person died. |
Other schemes set their own dates; the support teams listed at the top of this page can tell you.
F6Legal help, when you want it
Beyond the schemes’ own benefits, some families may have a claim for lump sum damages: SIRA says families in NSW may also be eligible to claim them. Whether that applies, and how it sits with the other benefits, is something a lawyer can explain when you are ready.
Take this page at whatever pace suits you, and come back to it when you need to.