Who Can Claim?

Injured character holding claim sign

You can make a claim if:

  • you are not at fault or only partly at fault for the vehicle crash;
  • you were injured in the crash (includes drivers, passengers, pedestrians and cyclists); or
  • a close relative was fatally injured in the crash and you were financially dependent on them (dependency claim).

If you were catastrophically injured and unable to establish fault of another driver, you can claim for Catastrophic Injuries Support.

You can also claim if the vehicle causing the crash is unidentified, such as a ‘hit and run’ situation.

If you were involved in a crash caused by the driver of a vehicle registered in another state or territory, you may be able to claim. You will need to contact the motor injury insurer in the State where the vehicle is registered.

Dependency claims

If you have lost a close relative in a vehicle crash and were dependent on their financial support or the services provided by that person, you may be able to make a dependency claim under the Fatal Accidents Act 1959.

A close relative is a spouse, de facto partner (having lived together uninterrupted for two years prior to the crash), biological or adopted child, parent, grandparent, step-parent, sibling or grandchild of the person who was fatally injured.

You may be able to claim:

  • funeral and headstone expenses up to $10,000;
  • loss of financial benefit provided by the deceased; and
  • loss of services provided by the deceased.

You must lodge dependency claims within three years of the crash.