Road Trauma
A person involved in a motor vehicle incident is regarded as a victim of crime under the Victims Rights Act 1996 if he/she has suffered harm as a direct result of an act committed by the other person involved in the incident in the course of a criminal offence. If a person died as a result of this act, a member of the immediate family is also regarded as a victim of crime under the Victims Rights Act. The Victims Rights Act protects the rights of victims and ensures that they are cared for properly.
Although victims in these circumstances have rights under the Victims Rights Act 1996, victims compensation and approved counselling are not available for claims arising from injuries caused by a motor vehicle accident - these claims are excluded under the legislation (s24(2) Victims Support and Rehabilitation Act 1996).
However, The Victims Legislation Amendment Act 2003 has amended the Victims Support and Rehabilitation Act 1996 to enable the immediate family of a person who is killed where the use of a motor vehicle is involved to apply for 20 hours of approved counselling services under the Act if the person’s death apparently occurred in the course of the commission of an offence of murder or manslaughter.
A member of the immediate family is defined as:
- the victim's spouse; or
- the victim's de facto spouse, or partner of the same sex, who has cohabited with the victim for at least 2 years; or
- a parent, guardian or step-parent of the victim; or
- a child or step-child or some other child of whom the victim is the guardian; or
- a brother, sister, step-brother or step-sister of the victim.
For more information about these new entitlements contact Victims Services on (02) 8688 5511 or 1800 633 063 (toll free). You can also visit the Victims Services website.
NSW Motor Accidents Compensation Scheme
If you have been injured in a motor vehicle accident, you may be able to claim personal injury compensation under the NSW Motor Accidents Compensation Scheme. The Motor Accident Authority website has more information.
The Compensation to Relatives Act 1897 provides for compensation to close relatives of a person killed in a motor accident caused by the fault of another owner or driver. You may be able to claim compensation if:
- you are a close relative or are the executor or administrator of the estate of a person who died as a result of a motor vehicle
 that motor vehicle accident was caused wholly or partly by the fault of an owner or driver of a motor vehicle other than the person who died
 you have suffered a financial loss as a result of the death of your relative.
Close relatives include a wife, husband, de facto partner, brother, sister, half-brother, half-sister, parent or child of the person who died.
If you have lost a relative in a road accident and would like to know more about compensation for relatives provided under the NSW Motor Accidents Compensation Scheme you can visit their the Motor Accident Authority website.
The NSW Motor Accidents Compensation Scheme is regulated by the Motor Accidents Authority (MAA). The MAA Claims Advisory Service can help you with your claim and can be reached on 1300 656 919. You can also email the Claims Advisory Service on cas@maa.nsw.gov.au
Support and Advice
You can discuss your options for support by calling the Victims Support Line on (02) 8688 5400 or 1800 633 063 (toll free) or on TTY (02) 8688 5575 (for callers with a hearing impairment). There are also non-government support organisations to help those affected by road trauma which can offer counselling and advice:
- Enough is Enough Road Trauma Network can provide support and referral, and is operated by Enough is Enough on (02) 9542 4029
- Victims of Crime Assistance League (VOCAL): Phone (02) 9743 1636 (Sydney) or (02) 4926 5826 (Newcastle)
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