It’s a sadly common event in many Australian households every year – the devastating news that a loved one has been killed in an accident on the roads.



Decades ago the death of a family member in a car accident could have terrible consequences for the survivors, particularly if the victim was the family’s major breadwinner.

Today compulsory third-party insurance (CTP) schemes mean that family members can still make a compensation claim when a loved one dies in a motor vehicle accident caused by the negligence of another person.

There are a number of steps to take for making this ‘dependency’ claim which we’ll outline in this article – but the guidance of compensation specialists is highly advised for family members wishing to make a compensation claim when a loved one is killed in a car accident.

What is involved in this type of claim?

A dependency claim can be brought to compensate both the financial and emotional dependency of loved ones on the deceased.

The first step to making such a claim is establishing that you qualify as an eligible person. Under Queensland’s Civil Proceedings Act, eligible claimants include the deceased’s spouse; de facto partner; parents including stepparents and grandparents; children including adopted children, stepchildren, grandchildren, an unborn child and any other child whom the deceased has assumed responsibility for.

Once eligibility is established two other hurdles must be navigated for a person making a claim. Firstly, the claimant must show they were financially dependent on the deceased, which may involve submitting financial records and household expenses as evidence. Secondly, it must be clear that the person you are making a claim against would have been liable to compensate your loved one had they survived the accident.

What can be claimed?

A dependency claim can be made by the family of a loved one for the loss of financial benefit they would have received from the deceased. They may also claim funeral expenses.

The type of claim may provide compensation for:

• loss of wages or earnings;
• loss of superannuation;
• funeral expenses; and/or
• medical expenses.

Grief, sorrow and emotional distress are not recoverable under a dependency claim. In some circumstances, a ‘nervous shock’ claim may be possible where a close family member or de facto partner of the deceased suffers a recognisable psychiatric/psychological injury as a result of death. The claimants do not necessarily need to have witnessed the event or the deceased’s body after the accident to make the claim.

Dependent family members may also be able to claim costs equivalent to the loss of services the deceased provided to the household, such as housekeeping, gardening, teaching or other material services.



Under Queensland’s Civil Liability Act, a spouse or de facto may also be able to claim for loss of consortium or servitium (services) formerly provided by the deceased. ‘Consortium’ refers to the affection, sexual relationship, companionship, assistance, society and comfort each party to the relationship provided to the other, while ‘servitium’ refers to the loss of having the deceased doing things such as cooking and cleaning. 

What is the process of making this claim?

To begin a dependency claim a Notice of Accident Claim form must be lodged with the CTP insurer of the driver you believe was at fault for the accident within nine months of the date of the accident. If the driver or the at-fault vehicle can’t be identified, the claim is lodged with the Nominal Defendant – but this must be done within three months of the fatal accident.



Dependants have three years from either the date of the accident or the loss of dependency on the deceased, for court proceedings on the claim to begin.

As discussed, proof of dependence on the deceased is required to support the claim, and this is where the guidance of an expert compensation law firm can greatly assist. Marriage certificates, funeral expenses, tax returns or documents that indicate you were in a de facto relationship with the deceased are examples of the proof required. A death certificate to prove the death of your loved one is also necessary.

Speak with specialists in dependency claims

At Lifestyle our personal Injury Lawyers focus is on compensation law. We have a compensation lawyers team of professionals who call on years of experience in putting together dependency and other claims for clients who’ve been injured or lost a loved one in an accident.

There is a lot of documentation, evidence, time and effort involved in making this sort of claim. If you’re still dealing with grief, plus working and raising a family, the advice and guidance of experts in making a claim for the compensation to which you’re entitled is a smart course of action.