The death toll on our roads is not something we like to think about. What's worse is if the passing of a loved one is involved. Trauma can be caused when your loved one is fatally injured in a road accident through someone else's negligence.
However, you can experience trauma if you're involved or a witness to anyone's death. Not only is the death in a motor vehicle accident unexpected but also unnatural and violent.
If you're involved in a fatal car accident, You have many questions. Filling in complicated, detailed forms is the last thing you feel like doing at this stage. Fortunately, there are compassionate car accident lawyers who understand how you feel and who can assist you with the process to make a successful claim for compensation. It would be wise to seek the advice of a fatal car accident lawyer, like Smith's Lawyers early on in the process to claim compensation. Personal injury law is our forté.
Talk with an experienced car accident lawyer for more information.
Fill in the form below to find out if you have a claim.
The Fatal Motor Vehicle Accident Claims Process
The claims process is quite comprehensive. The process for lodging a claim in the case of a fatal motor vehicle accident includes the following:
If there's an accident and you're on the scene, take a breath and remain calm. Panicking in these situations can make matters worse. Take a couple of moments to allow yourself to relax, and then make contact with the other parties, medical services and the police.
Call an ambulance. Where there's an injury or suspected fatality, don't move people from their vehicles or positions. Speak first to the ambulance service before taking any action.
Obtain the registration number of the vehicle/s that are involved in the car accident. Ensure you take down the details of the at-fault driver (if known, or from all involved parties if unsure) such as:
- Full name
- Photo of front and back of licence
- Details of their CTP insurer (e.g. who their CTP insurer is)
- Contact details
If possible, take photos of the scene of the accident. Make notes of the date of the car accident, the location, the weather and traffic conditions. These are all crucial things to do, as you may not be able to recall details after the accident.
You must report the motor vehicle accident to the deceased's CTP insurer as the other person may make a claim against the deceased. A breach of the duty to report an accident could invalidate the insurance.
You will need to provide important supporting documents to the insurer which include:
- The death certificate of the victim
- Your claimant certificate
- Proof of your identity
After the immediate concerns of the fatal car accident has been dealt with, you will need to fill out and submit a 'Notice of accident claim form (fatal)' with the relevant insurer.
You are often still claim if you're unable to identify the vehicle that caused the crash. The same applies if the vehicle was unregistered or uninsured. If this is the case, you may lodge a claim against the Nominal Defendant who acts as the CTP insurer for those vehicles. The nominal defendant is a statutory (Government) fund that is contributed to through a small fee included in all Queensland registrations. As more strict time limits apply to nominal defendant claims, a claim should be submitted as soon as possible.
Once you have completed the 'Notice of Accident Claim Form', it must be forwarded to the CTP insurer of the at-fault party.
The settlement of a motor vehicle accident is negotiated with the CTP insurer. Car accident lawyers are especially valuable when it comes to negotiating a claim.
If You Have Lost a Family Member or Spouse in a Fatal Motor Accident, You May Be Eligible For Compensation
You can claim compensation for the motor vehicle accident that was completely or partially caused by the negligence of another vehicle owner or driver. Your claim is against the Compulsory Third Party (CTP) insurer of the vehicle that caused the accident.
You can still make an insurance claim even if the deceased was partly responsible for the accident, but the claim amount may be reduced.
It frequently happens that the victim is in hospital for some time, incurring medical expenses, and only passes away later from his or her car accident injuries.
Who is Eligible to Make a Compensation Claim For Fatal Accidents?
Persons who are partially or fully financially dependent upon the deceased are eligible to make a claim for compensation in motor vehicle accidents. Sometimes these circumstances can lead to inheritance disputes among family members. Family members and people who are eligible include:
- A spouse or de facto partner
- Children
- Siblings, including half-siblings
- Parents
- You may be able to claim if you witnessed the fatal accident and were sufficiently close to the deceased and you have suffered psychological injuries as a result of the fatal car accident
What Can a Fatal Car Accident Compensation Claim Cover?
In fatal car accident claims, depending on the circumstances, you may be able to get compensation for:
- Medical expenses
- Hospital expenses
- Future loss of financial support if the deceased was the primary income earner in the family
- Funeral or cremation expenses
- The emotional impact the car accident has had on you
- Assistance with domestic services
Frequently Asked Questions
All claims for compensation are assessed individually.
It generally takes 12 to 18 months to settle a CTP claim, but it could take up to three years. CTP insurers are required to decide as to whether the vehicle they insured was at fault within six months of instituting the claim for compensation.
If there is no dispute as to who caused the accident, your claim will be quicker to resolve.
The Compulsory Third Party Insurer (CTP) of the vehicle whose driver was at fault pays the compensation claim. The claim is not made directly against the driver at fault, which means the driver will not be out of pocket.
Strict time frames apply for lodgement of your notice of claim under legislation. It is advisable to seek legal advice as soon as possible in the case of fatal car accidents.
This will not prevent a claim for compensation. CTP even covers the cost of a compensation claim made against the deceased's estate if the deceased himself was responsible for a fatal injury in a car or road accident.
Compensation for a fatal car accident depends on the specific circumstances of the family in each case. A personal injury lawyer has to do an assessment of your situation before any projections can be made.
You will have some knowledge about the circumstances of the deceased. Take into account the amount of financial support that you received before the accident occurred. There may be huge medical expenses and hospital expenses.
Many successful claims have gone through the hands of our personal injury legal team.
You don't have to call a personal injury lawyer immediately after the accident but if your loved one is fatally injured, it is best not to wait too long before seeking advice.
Starting a claim early can facilitate the gathering of reliable evidence and witness statements to prove the liability and negligence of the at-fault party. It can also ensure no time limits are missed such as lodging a notice of accident claim form. You can call on Smith's Lawyers to assist you in this process and get you the fair compensation you deserve.
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Fatal Car Accident claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.