Dependency claims

Contributed by DavidBayly and MelissaLetizia and current to 27 July 2018

Who can claim?

When a person (including drivers, passengers, motorcyclists, cyclists and pedestrians) is killed in a motor vehicle accident and the fault is either totally or partially caused by another driver or the owner of another motor vehicle, a 'relative' of that person can make a claim under the FAA.

The term 'relative' is defined in the FAA to include:
  • spouses;
  • de facto partners (at least 2 years duration);
  • parents, grandparents, and step-parents;
  • children, grandchildren and step-children;
  • persons who stood in the place of a parent or child of the deceased person;
  • brothers, sisters, half-brothers and half-sisters;
  • in certain circumstances former spouses and de facto partners.
It is a requirement that the person making a claim must have been dependent in some way on the deceased person.

What can be claimed?

Under the FAA, persons who were dependent on a person who was fatally injured in a motor vehicle accident may be able to claim:
  • funeral and headstone expenses;
  • loss of financial benefits provided by the deceased; and
  • loss of services provided by the deceased.
If you think that you may be eligible to make a dependency claim, legal advice should be sought immediately.

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