Losing someone you love in a road accident is devastating. The emotional toll is immense, and the disruption to everyday life can feel insurmountable. On top of grief, many families are left facing serious financial strain. If the person who died was providing income, childcare or essential support, the impact can be both personal and practical.
In Victoria, the Transport Accident Commission (TAC) provides a range of financial and psychological supports to help families after a fatal road accident. But navigating this system, especially during such a difficult time, can be overwhelming. That’s where Carbone Lawyers steps in. We help families understand what they’re entitled to and ensure they receive everything they deserve. And with our No Win, No Fee policy, you won’t face upfront legal costs.
What happens after a loved one dies on Victorian roads
The TAC is a Victorian Government body funded by compulsory third-party (CTP) insurance included in every registered vehicle’s fees. This means support may be available to anyone affected by a fatal transport accident, regardless of who was at fault.
If the person who died was a driver, passenger, pedestrian, cyclist or public transport user, the TAC may provide financial assistance to their family or dependents. These supports can include funeral costs, income replacement, counselling, household help, and more.
Carbone Lawyers can manage the entire claims process for you, removing the stress and helping you access what you are legally entitled to.
Funeral, travel and counselling costs the TAC can cover
The TAC offers immediate support to families during this time of loss. These benefits are not means-tested and can include:
- Up to $18,860* towards the funeral, burial or monument costs.
- Up to $6,290* for family members who need to travel more than 100 km within Australia to attend the funeral.
- Up to $20,020* for counselling services, shared among eligible family members including spouses, parents, siblings, children, grandparents and grandchildren.
*as of 1 July 2024, and applies to accidents on or after 20 November 2013 (Information for funeral directors; Transport Accident Commission)
These amounts are indexed annually. Carbone Lawyers can help you determine your current entitlement and handle the paperwork involved.
Dependent’s eligibility for lump sum statutory benefits and ongoing support
You may be entitled to substantial compensation if you relied on the deceased for financial or caregiving support.
For surviving dependent partners
- A one-off lump sum payment of up to $224,370*, depending on the deceased’s age and family situation.
- Weekly income support of up to $1,620*, calculated as 80% of the deceased’s pre-accident income.
- Payments may continue for up to five years or longer if there are dependent children.
- Reimbursement for household services or childcare previously provided by the deceased.
*as of 1 July 2024, and applies to accidents on or after 20 November 2013 (Indexation of benefits schedule; Transport Accident Commission)
Even if you were separated at the time of death, you may still qualify as a dependent partner if support or care was ongoing.
For surviving dependent children
- A lump sum benefit of up to $224,370*, to a “child” of a person who has died as a result of a transport accident.
- Weekly payments of up to $228* to the surviving child.
- An education allowance of up to $3,570* per year to an eligible “dependent child”.
*as of 1 July 2024, and applies to accidents on or after 20 November 2013 (Indexation of benefits schedule; Transport Accident Commission)
Children under 18 automatically qualify. Those aged 18 to 25 may also be eligible if they’re financially dependent and studying or training full-time. Where both parents died in the same accident, in addition to your statutory benefits, separate benefits may apply for each.
All dependents may also be eligible to pursue a Common Law Damages dependency claim for pain and suffering, and future economic loss damages in respect of the death of a dependent. Please contact our expert TAC law team for advice.
If you witnessed the accident, you may be eligible too
The trauma of witnessing a fatal accident or its aftermath can cause lasting psychological harm. If you’ve developed a medically-certified mental health condition such as PTSD, anxiety or depression, you may be eligible to make a nervous shock claim through the TAC (Serious Injury applications for mental injury claim).
This can include:
- Weekly income support.
- Counselling and mental health treatment.
- A lump sum impairment benefit.
- Potential common law damages where another party was at fault.
These claims are complex, but Carbone Lawyers has helped many people secure support for psychological injuries. We’ll assess your eligibility and manage the entire process, ensuring you receive appropriate care and compensation.
Get legal guidance to protect your rights
Strict time limits apply to TAC claims:
- Most claims must be lodged within 12 months of the accident.
- In some cases, claims may be accepted up to three years after the incident.
- Claims for lump sum compensation or common law damages must be made within six years.
These timeframes differ depending on the type of benefit or claim, which is why early legal advice is so important. Carbone Lawyers ensures your claim is lodged correctly and on time. If your claim has been rejected, or your dependent status is being challenged, we can help you appeal and fight for your rights.
With our No Win, No Fee policy, there’s no financial risk in seeking the advice you need.
You’re not alone, contact us for support
Losing a loved one in a road accident is one of the hardest things a person can experience. But the law recognises the need for support, being financial, emotional and practical. Whether you’re a partner, a child, or a grieving family member affected by the trauma of the accident, the TAC has benefits in place to help. And Carbone Lawyers is here to make sure those benefits reach you.We work with compassion, care and expertise. We don’t charge upfront fees. And we never settle for less than what you deserve. Contact us today to learn more.
