If you've been injured by a medical professional, we'll get you justice and financial support. Our specialist lawyers use world-class evidence to build your medical negligence case.
Injured because of someone else's negligence? From slip-and-falls to animal attacks, and even accidents in rental homes—public liability covers more than you might think.
Sick and unable to work? A superannuation claim can help. Our experts analyse your policy and find every benefit you're entitled to, including TPD and income protection. We also handle super death benefits claims, and can assist if your loved one has recently passed away.
Careless drivers, defective vehicles, dangerous streets — however you're injured on the road, our award-winning team can help. We use decades of experience and expert evidence to get you maximum compensation for your claim.
Losing a loved one is always difficult, especially if you feel your inheritance is unfair. For 25 years, our specialist lawyers have helped Australians secure their rightful inheritance.
A fatal car accident claim is made against the Compulsory Third Party (CTP) insurer of the driver who caused the accident. It’s sometimes called a ‘wrongful death car accident claim’.
In Australia, there are three types of fatal car accident claims you may have:
These claims are meant to support family and loved ones when someone dies in a car accident caused by another driver’s mistake or carelessness. Legally, this is called ‘negligence’. In some states, you can also claim basic compensation even if your loved one caused the accident.
It’s also worth noting that while we say ‘car accident’, these claims cover any fatal road accident — whether your loved one was a driver, passenger, cyclist, motorcyclist, or pedestrian.
Below, we explain eligibility and the types of compensation you could receive. If you’d prefer to speak with an expert now, simply get in touch. Our lawyers have extensive experience with fatal accident claims and will guide you through the process with care and empathy.
Start your free online claim check
Find out if you’re eligible for a fatal car accident claim today.
If someone you love has died in a car accident, you may be eligible to make a wrongful death claim. Each type of claim has distinct requirements, which we’ll explore in more detail below.
If your loved one has passed away in a car accident, you may be able to claim basic compensation through a CTP fatal accident claim.
In NSW, Victoria, Tasmania, the ACT and the Northern Territory, you can usually make a CTP claim for medical bills and funeral expenses even if the accident was your loved one’s fault.
In Queensland, South Australia, and Western Australia, you generally need to show that another driver was at fault to claim compensation.
Generally, there are two main situations where you may be eligible:
1. You’re a close relative of someone harmed by negligence
You could have a nervous shock claim if your loved one was killed, seriously injured, or placed in danger because of someone else’s negligence.
The definition of close relative varies between states, but often includes:
Parents or legal guardians.
Spouses or de facto partners.
Children, step-children, or anyone the deceased was responsible for.
Siblings, half-siblings, or step-siblings.
To succeed, you’ll need to show that you developed a recognised psychiatric condition as a direct emotional response to what happened to your relative.
2. You witnessed a traumatic accident
You may also have a claim if you personally witnessed someone being killed, injured, or placed in peril. In some states, this can also extend to arriving at the scene shortly after the event and being directly confronted with its aftermath.
Again, you must show that what you saw led to a recognised psychiatric illness.
What conditions qualify?
Over the years, we’ve helped many clients succeed with nervous shock claims linked to conditions such as:
Post-Traumatic Stress Disorder (PTSD).
Anxiety disorders.
Depression.
Adjustment disorders.
This list isn’t exhaustive — if you’ve developed a psychiatric illness after witnessing or learning about a traumatic accident, you may still be entitled to compensation.
To bring a successful claim, you’ll generally need to show three things:
1. You’re an eligible family member
Eligible relatives usually include:
Spouses or de facto partners.
Children, step-children, or anyone the deceased had parental responsibility for.
Parents, step-parents, or legal guardians.
If you lived with the deceased in a committed relationship but weren’t legally considered de facto, you may still qualify — provided you can show the relationship was intended to be long-term.
2. You were financially dependent on them
You’ll need to show that the deceased provided financial support you reasonably expected to continue. Spouses, partners, and school-aged children are typically considered dependents.
3. Their death was caused by negligence
This means proving that:
The at-fault driver breached their duty of care, meaning they did something (or failed to do something) that no reasonable driver would’ve done.
Your loved one’s death was a direct result of this breach of duty.
You lost financial or domestic help as a consequence.
If you’ve lost financial support or household assistance after the passing of a loved one, you don’t have to go through this process alone. Our fatal accident lawyers will guide you with care, explain your options clearly, and fight to secure the compensation you deserve.
Common examples of driver negligence
Every driver has a responsibility to keep others on the road safe, whether that’s other drivers, passengers, cyclists, or pedestrians. If a driver fails to take reasonable care, this is known as ‘negligence’.
Some of the most common examples of driver negligence include:
Driving too fast or ignoring the speed limit.
Getting behind the wheel after drinking or taking drugs.
Running a red light or ignoring stop signs.
Not paying proper attention to the road or other vehicles.
Using a phone, eating, or otherwise being distracted while driving.
Tailgating or driving too close to the car in front.
Driving while exhausted or falling asleep at the wheel.
Driving a car that isn’t roadworthy or properly maintained.
If you’ve lost someone in a car accident and suspect another driver was at fault, it’s always worth speaking to a fatal car accident lawyer. We’re here to listen to your story and explain your options, completely free of charge.
What is the average car accident death claim payout?
Across Australia, there is no average settlement for a car accident death. Instead, your compensation depends on a few factors, such as:
The type of claim you're making.
Whether your loved one was at-fault for the accident.
How old your loved one was at the time of the accident.
Their pre-accident income and future earning potential.
The level of care or services they provided to your family.
Below, we break down how much fatal car accident compensation you can expect with each type of claim.
What does my fatal car accident compensation include?
Each fatal car accident claim offers different types of compensation. Keep in mind, this is just a rough guide. Your exact payout will depend on the specifics of your situation.
CTP car accident claims can help ease the financial burden of saying goodbye to your loved one. Medical bills and funeral expenses that may be covered include:
Costs for ‘reasonable and necessary’ medical care, therapies, and hospital stays related to the accident.
Medications.
Funeral director’s fees.
Burial or cremation costs.
Coffin or urn expenses.
Flowers, service booklets, and catering for the wake.
Transport for close family members to attend the funeral.
Headstone or memorial plaques.
Depending on your situation, nervous shock compensation may help with:
Lost income: Replacing wages you’ve already missed due to your condition, as well as protecting your future financial security.
Pain and suffering: Acknowledging the emotional and physical impact of your psychological condition on your life.
Care and support: Covering professional help, assistance from family and friends, or support if you can no longer care for a loved one who depends on you.
Other costs: Easing the burden of medical bills, travel for treatment, or making necessary changes to your home or vehicle.
The purpose of a compensation to relatives claim after a fatal accident is to help ease the financial hardship caused by your loved one’s passing. The goal is to place you, as much as possible, in the financial position you would have been in if they were still here.
Depending on your situation, a compensation to relatives claim may include:
Lost financial support: Contributions your loved one made toward rent or mortgage repayments, groceries, school fees, or other living expenses.
Medical and funeral costs: Treatment expenses your loved one incurred before their passing, along with the cost of their funeral.
Domestic services: Compensation for the household tasks, childcare, or other duties your loved one carried out. If they had trade skills, the commercial value of those services can also be included.
Can I make more than one claim at the same time?
Yes, after a fatal car accident, families can often pursue multiple claims at once because each type of claim covers a different kind of loss. For example:
Fatal accident CTP claim + compensation to relatives claim: These usually go together. Both fall under CTP, but the compensation to relatives specifically focuses on lost financial support and household services.
Fatal accident CTP claim + nervous shock claim: A dependent might claim funeral and financial losses under the fatal accident claim, and separately claim nervous shock if they’ve developed a recognised psychiatric injury.
Each claim has its own requirements and deadlines, so it’s important to get advice from a lawyer experienced in fatal car accident claims. We have the experience and expertise to ensure you’re claiming every type of compensation possible.
Can I make all three claims at once?
In some cases, families can pursue all three claims at the same time. However, you cannot ‘double dip’, meaning the court or insurer won’t pay twice for the same loss. For example, while both a fatal accident CTP claim and a compensation to relatives claim may cover lost domestic services, you can only claim them under one of these claims.
Importantly, each claim must be supported with evidence: financial records for dependency claims, medical or psychiatric reports for nervous shock, and receipts for funeral or medical expenses.
If you’re looking to make multiple claims, it’s crucial to work with an experienced fatal car accident lawyer. We understand the rules for each type of claim and can help you build a strong case, ensuring you receive the maximum compensation available.
What if my loved one was partly responsible?
If your loved one was partly at fault for the car accident, it doesn’t automatically prevent you from making a fatal accident claim. However, the amount of compensation you receive may be reduced. This is called ‘contributory negligence’.
Common examples of contributory negligence in fatal car accidents include:
Failing to wear a seatbelt or proper safety equipment.
Driving in unsafe conditions (e.g., speeding in wet weather).
Ignoring road rules, such as running a red light.
Distracted driving, such as using a phone or other devices.
Not maintaining a proper lookout for hazards.
If the insurer can show that your loved one’s actions contributed to the accident, your total compensation may be reduced proportionally. For instance, if the insurer argues your loved one was 20% responsible, your payout could be reduced by that amount.
That’s why it’s crucial to work with an experienced fatal accident lawyer. We’ll build a strong case to show that your loved one’s contribution was minor — or, in some cases, argue it shouldn’t reduce your claim at all. Over the years, we’ve helped many families secure the full compensation they’re entitled to, even when contributory negligence is raised.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Yes, time limits apply to all fatal car accident claims. The exact limit depends on which state you’re in.
NSW, QLD, SA, WA, TAS and NT
3 years from the accident date
VIC
6 years from the accident date
ACT
13 weeks to 3 years depending on the type of claim
If you’re outside the time limit, don’t worry, you still have options — just speak to our fatal accident lawyers immediately. Over the years, we’ve helped hundreds of clients get their delayed claims approved.
Most fatal car accident claims take around 12 – 18 months to resolve. The exact timeline depends on factors like how many people were involved in the crash, whether liability is disputed, and the complexity of the injuries or losses.
Some claims can be finalised more quickly if liability is clear, while more complex cases involving multiple parties or disputes may take longer. Our lawyers guide you through every step, keeping you updated so you always know what’s happening with your claim.
In some states, you may still be able to claim basic CTP fatal accident compensation even if nobody was at fault. This is called a ‘blameless accident claim’.
Blameless accidents can happen in situations like:
An animal wandering onto the road.
A driver experiencing a heart attack, stroke, or other sudden medical event.
Other unforeseeable incidents beyond anyone’s control.
The states that allow blameless accident claims are NSW, Victoria, Tasmania, the ACT, and the NT. In these states, you can still access basic compensation if your loved one dies in a blameless car accident, including:
Funeral and cremation expenses.
Loss of financial support that the deceased would have provided to their children or other dependents.
Loss of services, such as care or household help that the deceased would have provided.
If you’re in QLD, SA, or WA, claiming in blameless situations is much more limited. Being partly or fully at fault often means you may receive fewer benefits. In some cases, you may not be able to claim at all.
Blameless accident claims are often complex and come with strict time limits, so it’s important to act quickly after a fatal accident. We know this is an incredibly difficult time, which is why our lawyers handle the entire process for you. This way, you can focus on your family while we take care of the legal details.
If your loved one tragically died in a car accident while commuting to work or carrying out their job, you may be able to make a statutory workers compensation claim.
Each state and territory has its own rules about who can claim and how much you might receive, but typical entitlements can include:
Reasonable funeral expenses.
A lump sum death benefit.
Periodic payments to support dependants.
The lump sum and ongoing payments are calculated using a formula that’s reviewed annually.
To learn more about your entitlements, reach out to our experienced workers compensation lawyers today. We can guide you through the process and ensure you receive everything you’re entitled to after a work-related fatal car accident.
Yes, life insurance can cover death resulting from a car accident. In Australia, life insurance is often linked to superannuation, so many people automatically have a death benefit through their super. Others may take out separate life insurance directly with an insurer.
You may be able to make a life insurance claim if you’re the deceased’s dependent or a nominated beneficiary. It’s also known as a ‘car insurance death benefits claim’. Dependents usually include:
Close family members, such as a spouse, de facto partner, or children under 18.
Anyone who was financially dependent on the deceased at the time of their death.
Nominated beneficiaries are the individuals the deceased specifically named to receive benefits when arranging the cover.
While some claims are straightforward, complications can arise when there are multiple potential claimants.
That’s why it’s wise to speak with an experienced life insurance lawyer. In a free consultation, we can explain your rights, guide you through the claims process, and help maximise your chances of receiving the full benefit.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco is the place to go for a lawyer that cares. You're in safe hands.
They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.
Monaco explain things in a way you would understand, instead of lingo insurance and other companies like to use. Monaco Solicitors are amazing! So to any of you who are needing legal support/representation, know you will be in safe hands if you choose Monaco Solicitors!
I'm glad my friend recommended Monaco. I was happy with the result.
Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.
The bill? Surprisingly reasonable, less than expected.
Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
Losing a loved one in a car accident is devastating, and dealing with insurers can be overwhelming. That’s where our fatal car accident lawyers step in. With over 25 years of experience, we help families get the financial support they need. At every stage of your claim, we will:
Explain your rights and what claims you may be able to make.
Work out exactly what financial losses you’ve suffered.
Gather strong evidence to show negligence.
Take care of all negotiations with the insurer so you don’t have to.
Challenge any denied claims or low offers from the insurer.
Injured bicyclist Robert wins maximum compensation after car collision
After Robert's bike was struck by a motor vehicle, we leveraged our expertise to secure a substantial payout that covered his future lost income and pain and...
Tina gets substantial compensation after car crash, despite pre-existing injuries
When Tina’s car was rear-ended, she collided with the vehicle in front, leaving her with significant neck, shoulder, and lower back injuries. She required medical treatment and...
Additional $300k secured for injured woman’s pain and suffering
A serious car accident left Angela with multiple injuries and ongoing pain. She eventually returned to her job but could not work in her previous capacity. This...
Steve won extra compensation by making 2 claims for his bike accident injury
A car collided with Steve’s bike as he rode home from work. Despite extensive surgery, Steve lost much of his bodily function. His physical disabilities meant he...
Speedboat driver who failed to provide safety instructions held liable for our client’s injuries
A speedboat accident left our client seriously injured and unable to care for herself. Using our extensive network of experts, our dedicated motor accident lawyers proved the...
Road accident victim receives lost income compensation
Vera was involved in a motorcycle accident on her way to work. The injuries impacted her ability to do her pre-injury job. We used expert medical evidence...
Cyclist riding without a light still gets full compensation
Jasper was injured and unable to work after a car collided with his bike. The insurer tried to argue that Jasper was partially responsible for his injuries....
After leaving her first lawyer, Anastasia finally got justice for her debilitating car accident injuries
Anastasia seriously injured her neck and lower back when a vehicle crashed into her car. She was rushed to surgery. Though this improved her physical condition, Anastasia...
Car accident victim wins settlement after losing her job
Valerie was violently T-boned at a roundabout and required two neck surgeries. The ongoing pain made returning to her job as a machine operator impossible. Valerie's insurer...
Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.
