Who can claim

If you are an eligible financially-reliant dependant of a person who died due to injuries sustained in a motor vehicle accident caused by a South Australian registered vehicle, you may be able to make a CTP claim.

Your compensation may include reasonable funeral costs, the loss of financial support as well as non-financial support and services provided to you by the deceased (such as home care and maintenance, or parenting provided to a child).

Claims may be made by the executor or administrator of a deceased person’s estate following probate (that is, when a Court has accepted a will or otherwise settles an estate according to relevant laws) for the following dependants, according to Section 24(1) of the Civil Liability Act 1936 (the CL Act):

  • Spouse
  • Domestic partner
  • Brother
  • Sister
  • Child

If there are multiple dependants, they will all be included in a single claim under Section 27(2) of the CL Act. In some cases the court may decide it is appropriate for a beneficiary to make a separate claim, according to Section 24(6) of the CL Act.

Timeframes

If the executor or administrator has not lodged the claim within six months of the person’s death, a dependant may proceed with the claim. A time limit of 3 years from the date of death applies under Section 25 of the CL Act.

Lodging your claim

Find out about compensation that may be available and access the Fatality Claim Form.

More information

Download the Regulator's brochure So what happens now: Information for victims of road trauma in South Australia.