Psychological injury following a fatal motor accident

How this accident occurs

• A person witnesses or is told of a fatal motor accident and later develops psychiatric symptoms.
• A close relative or dependant needs advice about different legal pathways after the death.
• The insurer disputes diagnosis, causation or whether the correct pathway has been used.

Who may claim

A person may be an injured witness with a psychological injury claim, a close relative seeking advice after a death, a dependant with potential financial issues, or a person dealing with an estate. These pathways should be identified carefully rather than assumed.

Realistic examples

• A person develops PTSD symptoms after witnessing a fatal crash.
• A close relative seeks advice about their own psychological injury and a separate family claim pathway.
• A dependant or estate representative needs guidance before lodging documents.

Common injuries

• Diagnosed PTSD, major depressive disorder, prolonged grief-related psychiatric conditions or anxiety disorder may need assessment.
• Causation must be distinguished from grief alone, prior mental health history and other stressors.
• Treatment, income loss and work capacity should be supported by clinical records.

Accident-specific fault issues

• Whether the fatal motor accident was caused by fault of another vehicle or other circumstances.
• Whether the person claiming psychological injury satisfies diagnosis, causation and statutory eligibility.
• Whether a death-related claim should be coordinated with any personal psychological injury claim.
• Whether contributory negligence of the deceased or another person is alleged and how it affects the pathway.

Evidence to preserve

• Death certificate and official accident information where available.
• Medical and psychological records for the person claiming psychological injury.
• Relationship, dependency, estate or representative documents where a different pathway is being considered.

How can a NSW CTP claim be lodged?

A NSW CTP claim is not one single form for every entitlement. Statutory personal injury benefits, common law damages and death-related claims have different approved forms, evidence requirements and legal tests.

• Statutory personal injury benefits are claimed from the relevant CTP insurer using the current approved Application for Personal Injury Benefits or the NSW Government online claim process. A treating medical practitioner certificate and police event details should be provided where available.
• A common law damages claim is separate. It uses the current Application for Damages Under Common Law and depends on fault, injury classification and statutory requirements. Receiving statutory benefits does not automatically create a damages entitlement.
• A claim may be lodged directly with the insurer through accepted channels such as the NSW Government online claims system, an insurer online claim system, or the written approved form sent by email, personal delivery, facsimile or post where available.
• If a lawyer is instructed, the lawyer can help identify the insurer, prepare the approved forms, gather medical and accident evidence, and lodge the claim or dispute on the client's behalf.
• Where the registration number is known, insurer details can usually be checked through Service NSW registration information or SIRA CTP Assist. If the vehicle is uninsured or unidentified, the claim may need to proceed through the Nominal Defendant pathway.
• For a child or a person unable to make the declaration, the approved forms allow an appropriate parent, guardian, relative, friend or legal personal representative to assist or sign, with their relationship and reason for acting identified.
• If the accident occurred while working, a separate workers compensation claim may also be required and the CTP and workers compensation pathways should be coordinated.
• CTP covers personal injury or death arising from a motor accident. It does not cover ordinary vehicle repairs or property damage, which usually sit with property damage, comprehensive insurance or other recovery pathways.

Time limits, police reporting and late claims

The current NSW scheme has several different timing rules. The safest approach is to report the accident, obtain medical evidence and lodge the correct claim form as early as possible.

• Police reporting: the current SIRA personal injury benefits form says the accident must be reported to police within 28 days. A police event number should be provided, but the form also says a claim can still be submitted while that number is being obtained.
• Statutory benefits: a claim for statutory benefits is generally required within 3 months after the motor accident. A later claim needs a full and satisfactory explanation and must satisfy the Act's late-claim conditions.
• 28-day significance: if a statutory benefits claim is not made within 28 days, weekly payments are generally not backdated for the period before the claim is made unless the Regulation permits it.
• Accidents on or after 1 April 2023: backdated weekly payments may still be considered if the claim is made within 3 months and a full and satisfactory explanation is provided. The Regulation sets factors such as awareness of the right to claim, legal incapacity, illness or injury preventing earlier lodgement, and a 14-day deemed-acceptance rule if the insurer does not reject the explanation.
• Damages: a common law damages claim is generally required within 3 years after the motor accident. A late damages claim requires a full and satisfactory explanation and is assessed separately from any statutory benefits claim.
• Older scheme: accidents before 1 December 2017 were handled under the previous NSW motor accidents scheme and different forms/time limits, including older six-month claim concepts, may apply. This accident-types cluster is written for the post-1 December 2017 scheme unless a page says otherwise.
• Review and dispute deadlines can be shorter and decision-specific. Internal review, medical assessment, merit review and PIC steps should be checked as soon as an insurer decision is received.