The increasing frequency of motorcycle accidents in New South Wales has highlighted the critical differences between Compulsory Third Party (CTP) claims for motorcycle accident injuries and death claims arising from fatal accidents.
This blog outlines the key differences in compensation frameworks, eligibility criteria, and claims processes between motorcycle injury claims and death benefit claims under NSW legislation.
Statistical Context and Risk Profile for Claims Assessment
As highlighted in The Sydney Morning Herald’s October 2024 report, motorcycle accidents have reached a concerning 10-year high, with distinct patterns in both survival and fatality cases.
Motorbike accident claims are on the rise, with “[o]ne in five fatal crashes on NSW roads this year has involved a motorcycle, with young men disproportionately represented in the deaths.”
This statistic significantly impacts CTP and death claims processing, particularly in risk assessment and liability determination.
Types of Claims and Eligibility
CTP Motorcycle Accident Compensation Claims
A compensation claim for personal injuries sustained during a road accident focuses on ongoing medical treatment, rehabilitation, and loss of earnings.
You may be eligible to claim compensation if you are:
- An injured motorcycle rider or driver
- An injured passenger
- An injured pedestrian
Personal injury benefits available include:
- Weekly income replacement
- Medical expenses
- Rehabilitation costs
- Care expenses
- Non-economic loss (in serious cases)
As evidenced in the article’s case study of Darren Sheens: “A spinal cord injury left Sheens paralysed from the waist down,” demonstrating the type of serious or even permanent injuries that can occur as a result of road accidents, which may qualify for compensation.
If you are unsure if you are eligible for motorbike accident compensation, it’s best to act from the moment the accident occurs as if you are – report the accident to the appropriate authorities, seek medical attention, keep records of the event and injuries, etc. – due to time constraints, then seek the advice of an experienced motorcycle accident lawyer as soon as possible.
Death Claims
When an accident turns fatal, there are parties who may be entitled to make a death claim. Death claims place emphasis on dependent support and funeral expenses.
You may be an eligible claimant if you are:
- Dependents
- Estate representatives
- Family members
Under personal injury law, eligible claimants are entitled to certain benefits, such as:
- Funeral expenses
- Loss of financial support for dependents
- Loss of services compensation
- Grief counselling support
The article notes that “Bikers and their passengers totalled 52 of the 266 deaths recorded this year to October 16,” highlighting the significant number of potential death benefit claims.
Again, how much compensation an individual might receive can vary depending on a wide range of factors. If you believe you are eligible to make a death claim, you should seek independent legal advice as soon as possible – especially before agreeing to or accepting anything from an insurance company or any other involved party.
Key Differences int the Claims Process
CTP Motorcycle Claims Process
The claims process for a motor vehicle or motorcycle accident compensation includes the following steps:
- Initial Notification Requirements
- Medical Assessment Requirements
- Earning Capacity Assessment
- Future Needs Planning
Determining earning capacity and your future needs looks different for everyone. Even permanent impairments may not exclude individuals from returning to work, retraining, or even taking on new challenges.
The article references one survivor’s journey, “After initially moving into his grandmother’s retirement villa, Sheens rebuilt his life. He still works for Australia Post in his office and trained with the 2004 Paralympic basketball squad.”
Death Claims Process
The claims process for a motor vehicle or motorcycle death includes the following steps:
- Notification of Death
- Proof of Dependency
- Financial Loss Assessment
- Distribution of Benefits
Navigating this process can be especially difficult when it involves the loss of a loved one, making legal representation all the more important.
CTP Assist Death Claims
CTP Assist Services provides specialist support for families affected by road death, offering trauma and grief support services, as well as assistance with CTP (compulsory third party) insurance claims.
This important service helps connect relatives with relevant insurers and community services to help them navigate the process.
Available benefits available for eligible relatives who lost a loved one in a fatal motor accident:
Funeral Expenses
- Must claim within 3 months of crash
- Includes transportation of the body
- Payable to the legal personal representative or the person paying expenses
Psychological Injury Support
- Available for close family members and crash witnesses
- Covers weekly payments, medical treatment, care expenses
- Available for domestic assistance expenses
Lump Sum Compensation:
- For dependent close relatives
- To cover lost earnings and domestic services of deceased
SIRA’s CTP Assist can also support individuals with making the different claims and when, including an:
- Application for funeral expenses
- Application for personal injury benefits
- Application to compensate relatives
For more information about the CTP Assist service, call 1300 656 919 or email [email protected].
Compensation Assessment Factors
How much compensation an individual will receive will depend on the type of injuries they sustain. In Sheens’ case, he suffered a permanent impairment, which would make him eligible for a different level of compensation than someone who was temporarily injured.
CTP Claim Assessment
During a claim assessment for a personal injury, the following will be taken into consideration:
- Injury Severity
- Long-term Prognosis
- Economic Impact
- Care Requirements
Death Claim Assessment
During a claim assessment for a fatal accident, the following will be taken into consideration:
- Dependency Status
- Financial Support Assessment
- Life Expectancy Calculations
- Family Circumstances
Special Considerations
Risk Factors Affecting Claims
Risk factors can affect the outcome of a claim when assessing it. The article highlights this when it cites Roads Minister John Graham, noting that “fatalities occurred because of ‘one bad decision’,” which impacts liability assessment in both claim types.
These risk factors are ones that all drivers will face on the roads, such as distractions while driving (phones, texting, etc.), speeding, driving under the influence, driving at night, etc. Drivers and motorcyclists need to consider a wide range of risk factors when operating a vehicle to prevent accidents or ensure they have the best chances of a successful compensation claim if an accident does occur.
Regional Considerations
According to the article, “[n]early two-thirds of the decade’s fatalities occurred regionally”. Regional considerations that may impact compensation include:
- Access to legal services
- Medical assessment availability
- Claims processing timeframes
- Evidence gathering capabilities
Seeking Legal Advice for a Compensation Claim?
Both CTP motorcycle claims and death claims serve distinct purposes in NSW. While CTP claims focus on rehabilitation and ongoing support for survivors managing injuries, death claims provide crucial financial support for dependents and family members. Understanding these differences is essential for legal practitioners, claimants, and their families in navigating the compensation process effectively.
If you believe you may be entitled to make a compensation claim for a motorbike accident or fatality, contact Burke Mead Lawyers. Our team of qualified personal injury lawyers operates across NSW, including Newcastle, the Hunter Region and the Central Coast.
Our team of professionals has helped countless individuals with their personal injury claims, including a variety of motor vehicle accident claims. Contact our legal experts today.
