Car Accident Death in Canberra - How To Make A Claim

In the event that a person dies in a motor vehicle accident, then their family members and other close relatives may be able to claim financial compensation under the Compensation to Relatives Act 1897. Close relatives include a range of relationships such as wife, husband, de facto partner, sister, brother, half-sister, half-brother, parent, or children. However, unexpected car accident death in Canberra can be extremely difficult to deal with emotionally, physically, and financially.

At the same time, while it may prove to be burdensome to fill out numerous forms for financial compensation, it is still a crucial step. Hence, an experienced lawyer can play an important role in such situations. Before we begin discussing your options, it’s important to have an overview of the current legal actions you can take.

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Police and coronial procedures

Soon after the death, the police and coronial procedures will be in effect. However, the order and timing of your contact with the policy may vary depending on special circumstances. Other processes may take place behind the scenes, and you might not be aware of them.

The first step is to pronounce life extinct, which is usually the doctor’s decision in a hospital or a government medical officer at

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the scene of a car accident in Canberra. The Police will then report the death to the coroner, who will have control over the person’s body. The next step is to transfer the body to the morgue or forensic medical center. Here, the police investigation will officially begin with a compiled report for the coroner.

The next steps will involve contact between you and the police, starting with the notification of the person’s death. The police will then ask you to formally identify the person’s body and give any relevant information about the person who died and the circumstances. Moving on, the next step involves returning personal items of value that were in possession of the deceased. Moreover, you can either give or refuse permission to publicise the person’s name in the media. However, communicating further information about procedures such as post-mortem examination will be crucial.

Moving on, the next few procedures will involve you or another family member or a representative. These steps include the post-mortem examination of the deceased at the morgue, the release of the person’s body for burial or cremation according to the family’s wishes, and the return of any personal items. Moreover, in a case dealing with the motor vehicle is relevant in such a case, the police will contact you for further information.

Notification of the death in a car accident

If the hospital staff doesn’t inform you of the death first, or you were not present with the person who died at the scene of the car accident in Canberra, then it will become the police’s responsibility to notify the next kin as soon as possible.

If you live in Canberra, the police officer will inform you of the death in person. They may not be the investigating police officer. However, if you are elsewhere in Australia, the ACT police will contact the police station nearest to you. In the event that you do not live in Australia, the ACT police will contact Interpol or a diplomatic mission, who will further contact the local police in the area of your current residence.

The police officer who will contact you should also leave behind a card with their name and contact information. Hence, you’ll be able to contact the police officer or the Coroner’s Office in case you have any queries. If you need extra information on post-mortem reports and other following procedures, please click here.

Making a claim

If you are a close relative or an administrator of any asset of the person who died, then there are various circumstances where you can claim financial compensation.

Someone else was at fault

Irrespective of the person’s activity – whether they were a driver, passenger, pedestrian, cyclist, or motorbike rider – you can make a claim for compensation as long as you can prove that it was someone else’s fault partially or completely. It includes scenarios where the other person was either driving or owns the motor vehicle responsible for the accident and death.

Even in the case that the person who died was partly at fault in the accident, you may still be able to make a claim for financial compensation. The amount of compensation will be less than what it would’ve been if they weren’t at fault at all. However, different circumstances involving partial fault of the deceased include –

Not wearing a seatbelt
Driving under the influence of alcohol and/or drugs
Traveling in a vehicle where they knew the driver was under the influence of alcohol and/or drugs
Driving recklessly at an unsafe speed
Not wearing a helmet if riding a motorcycle

Special or underage children

You may be able to make a successful claim for reasonable cremation or funeral expenses associated with the death of the child. However, in such a situation, the claim is still valid even if they caused the accident, as long as the child is under 16 years old.

Blameless accidents

You may be able to make a successful claim for compensation if the car accident involving the person’s death was a blameless motor accident. This includes various circumstances such as –

The driver was suffering a sudden onset of physical illness such as stroke or heart attack
There was an unexplained mechanical or vehicle failure that the driver couldn’t control, such as brake failure
There was an unavoidable collision with an animal on the road.

Now, these circumstances involve any passenger or pedestrian. However, restrictions will apply if the person who died was a driver in a blameless accident. You might not be able to get compensation if the person who died was a driver in a single vehicle accident or if they were actually driving the vehicle responsible for the accident. An example would be a person driving a car who suddenly suffers from a heart attack, resulting in an accident.

Filing a claim

Your claim will be against the owner or the driver of the vehicle responsible for the accident. Hence, a CTP insurer of that vehicle may step in and represent the owner or driver. To file a claim, you must ensure that you report the accident to the police in writing and obtain the registration number of the vehicle responsible for the accident. Additionally, get a motor accident compensation to relatives claims forms from the CTP insurer.

In the case that you don’t know the registration number of the vehicle responsible, then the vehicle will be unidentified, and you should file a claim against the Nominal Defendant. If the vehicle responsible was unregistered, you could also claim against the Nominal Defendant.

Deciding liability for your claim

The insurer will send you a letter that states they have received your form. Moreover, the letter will also include contact information and a claim number you must use whenever you speak to the insurer regarding your claim.

The insurer will investigate your claim and may ask for specific information such as photos, documents, records, and other relevant documents, to help with the investigation. Moreover, as a part of the investigation, the insurer may ask for a copy of the police accident report and speak with an investigator about your claim.

After the investigation is complete, the insurer will inform you about the final decision regarding your claim. If it accepts liability, it implies that the person it insures was at fault in the accident. In such cases, they may make an offer or settlement, which would be a specific amount of compensation that they may deem appropriate.

You can make a counter offer if needed. However, if the insurer doesn’t accept liability, your negotiations aren’t successful, or you reject the offer entirely, you must seek legal advice from a solicitor.

If you are unable to reach an agreement with the insurer, you may try negotiating directly through a solicitor or offer mediation if the situation calls for it. However, you and the insurer will sign the contract that is final and binding. In the case that all efforts fail, you may go to court. However, it can be a long and tedious process that also involves multiple laws and time restrictions.

Talk to a United Legal lawyer today

It can be extremely difficult to deal with legal complications and negotiations when you’re facing the emotional loss of a loved one. Hence, seeking legal advice from an experienced lawyer can be extremely beneficial at a time like this, and help take care of your legal burden. At United Legal, we understand the intricacies and emotional implications of a situation like this. Our lawyers are dedicated to your legal rights and will represent you in matters with the police, insurer, and court.

At a time like this, it’s absolutely crucial that you take care of yourself and other family members first. Meanwhile, a United Legal lawyer will offer legal support and demand compensation, giving you the time you need to heal from such an emotionally fragile situation.