Losing a loved one in a motor vehicle accident in an incredibly distressing experience. In Victoria, there are several avenues of compensation that may be available to support family members and dependants following a fatal transport accident.
If the accident involved a Victorian registered vehicle, you may be able to claim compensation which is generally provided through the Transport Accident Commission (‘TAC’). Alternatively, if the accident involved a criminal offence, such as culpable or dangerous driving, additional support may be available under Victoria’s Financial Assistance Scheme (‘FAS’).
This article provides a summary of potential entitlements and the key pathways for compensation.
Find out what support you may be entitled to — and how a lawyer can help you claim it.
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TAC Compensation – What can I claim from TAC?
Funeral and Medical Expenses
The TAC can cover a range of expenses following a fatal accident, such as:
- Funeral and burial or cremation costs.
- Monument or headstone expenses.
- Family counselling and support services.
- Travel and accommodation costs related to the funeral for immediate family members.
Dependency Benefits for Spouses, Domestic Partners and Children
The TAC provides ‘no fault’ entitlements for wholly or partially dependent spouses and children of a person who dies in a motor vehicle accident. You do not have to prove that a negligent third/another party contributed to death or was at fault for the accident in order to be eligible.
These claims arise in circumstances where your deceased loved one contributed to the household through domestic care duties or income. Compensation can come in the form of:
- A lump-sum dependency payment.
- Periodic payments.
- Childcare assistance.
- Household support.
- An education allowance for dependent children.
To understand the full extent of your potential dependency entitlements, we recommend you should speak with one of our TAC lawyers who can guide you through the claims process.
Mental Injury Claims (Personal Entitlements)
If you have suffered from a mental injury or psychological harm as a result of losing a family member in a motor vehicle accident, you may be eligible to lodge your own claim with TAC. With an accepted claim, you may be entitled to no-fault entitlements, such as:
- Medical expenses.
- Weekly payments if your ability to work has been affected.
- An impairment benefit – if you suffer 11% whole person impairment or more due to the event.
A claim must be lodged within one year of the event with the TAC.
Common Law Claim
If you have suffered an injury because of the death of a family member in a transport accident and the accident was caused by another’s negligence, you can commence a common law claim.
The Transport Accident Act also enables you to may make a claim under the Wrongs Act 1958 (VIC) if they have suffered nervous shock or mental harm as a result of the accident.
To be eligible, you must have:
- been present at the scene of the accident, or
- have had a close relationship with the deceased.
To make a claim for loss of earning capacity and pain and suffering, you need to apply for a serious injury certificate. Most people require assistance from a lawyer to commence an application.
Common law claims may provide:
- Compensation for loss of earning capacity.
- Damages for pain and suffering.
If you have already received a dependency payment or impairment benefit from the TAC, this will be deducted from any damages you receive under the Wrongs Act.
Financial Assistance Scheme (FAS) – What if it was a criminal offence?
If the accident involved criminal behaviour, such as culpable driving causing death, you may be able to make a claim through the ‘Financial Assistance Scheme’, otherwise known as ‘FAS.’ This system is a recent reform to the scheme previously known as ‘VOCAT.’
Under the FAS, you can make a claim as a ‘related victim’ if your loved one died as a result of a transport accident that amounted to a criminal offence. You may be able to claim:
- Counselling expenses
- Medical expenses.
- Funeral expenses.
- Distress payments.
- Loss of income.
- Other expenses.
Distress claims vary between $6,500 and $20,000, depending on your relationship to the victim. The highest awards are typically made to spouses/domestic partners, children, parents, and siblings (https://www.victimsofcrime.vic.gov.au/financial-assistance-scheme-guidelines/assistance-related-victims/distress).
More information is available about how the FAS scheme works via the official Government website on this link: https://www.victimsofcrime.vic.gov.au/fas.
Conclusion
The compensation options that are available when a loved one passes away in a transport accident can be complex and difficult to navigate, often involving multiple claims across different schemes
Seeking the support of a lawyer experienced in TAC and fatal accident claims can make a significant difference in easing the legal burden and ensuring you receive the full entitlements you deserve.
We offer free initial advice and can guide you through every step. Our priority is to take the stress out of the process, allowing you to focus on your emotional well-being and recovery. We act on a no win no fee basis.
If you need assistance, please get in touch. We are here to help.
About Arnold Dallas McPherson
Arnold Dallas McPherson Lawyers are committed advocates for injured Victorians. We have a proud history of securing life-changing outcomes and compensation for clients affected by fatal transport accidents on Victoria’s roads. For more information or to speak to a personal injury expert, contact us today.
