If your spouse or partner has been killed in a motor vehicle crash that wasn’t their fault, you may have rights to compensation.
Every person’s rights are different depending on the circumstances of the accident and the losses incurred. To provide some clarity, here’s a summary of the main compensation pathways.
CTP Compensation
If the accident was caused by another vehicle, you may be able to claim compensation by lodging a claim with the at-fault vehicle’s compulsory third-party (CTP) insurer. CTP compensation can help cover:
-
- Psychiatric injuries you’ve experienced, such as PTSD, depression or anxiety
-
- The loss of comfort and services you no longer receive due to your spouse’s death
-
- Funeral and wake expenses
Public Liability Compensation
If the accident was caused by a pothole, road defect or similar hazard, you may be able to claim compensation from the responsible party (such as a government body, property owner or construction workers). Public liability compensation can help cover:
-
- Psychiatric injuries you’ve experienced, such as PTSD, depression or anxiety
-
- The loss of comfort and services you no longer receive due to your family member’s injuries
Victim Assist Queensland
If the crash involved criminal behaviour—such as the dangerous or violent use of a motor vehicle—you may be entitled to financial and other support through Victim Assist Queensland.
Income Protection
If your mental health has declined and impacted your ability to work, you may be entitled to income protection benefits. Many people hold income protection insurance without realising, often through their superannuation.
Where Should I Start?
We recommend exploring all potential claims, determining which ones apply to your situation and taking action as soon as possible.
-
- Some claims work together
-
- Other claims overlap, offering additional benefits
-
- Certain claims may require you to lodge another claim first
Each type of claim has its own time limits and criteria, so acting quickly is crucial.
If you’re unsure where to begin, our team at Motorcycle Law Queensland offers free consultations where we can:
-
- Explain your potential entitlements (e.g. the types of claims you may qualify for)
-
- Clarify time limits for taking action to avoid missing out on compensation
-
- Outline the claims process and timelines (e.g. how to lodge a claim and how long it may take)
No cost and no catch. As riders ourselves, we’re committed to helping you get the support you need to move forward.
If you’re unsure where to begin or need guidance, contact our team at Motorcycle Law Queensland at (07) 3231 0632 or email us at motorcyclelawqueensland@mcw.com.au for a free consultation.