Death benefit entitlements following a motor accident

Losing a spouse, parent, child or other loved one in an accident is devastating. It can also have financial consequences for those dependent on them, or it can mean significant costs for those making funeral arrangements.

In the ACT, a dependent child, partner, or former partner of the person who has died can apply to the relevant insurer for death benefits.

There are restrictions to obtaining death benefits where the circumstances of the accident occur overseas, in the context of multiple or serious driving offences, or if the death was self-inflicted.

The insurer, following receipt of a death benefits application, must apply to the ACT Civil and Administrative Tribunal (ACAT) for payment of the relevant benefits.

The benefit amount is determined by the number of dependent children the deceased person had, and whether they had a domestic partner or dependent former domestic partner. Fixed rates are set out in the Motor Accident Injuries Act 2019.

For funeral benefits, anyone who has paid or is responsible for paying funeral expenses of the person can apply. An application for funeral benefits must be submitted to the relevant insurer.

Losing a loved one in a motor vehicle accident can also cause psychological  harm, either as a witness or having to relive a motor vehicle accident in which a family member was killed. Any person who sustains personal injury because of a motor accident, regardless of status as passenger, driver, pedestrian or witness, can apply for compensation.

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