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.

This site is powered by FoswikiCopyright © by the contributing authors. All material on this collaboration platform is the property of the contributing authors.
Ideas, requests, problems regarding AustLII Communities? Send feedback
This website is using cookies. More info. That's Fine