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.