The dependency claim, explained simply

Someone in your family has died on the road and you keep hearing the term dependency claim.

For people seeking legal representation. For general information, please use our guides and tools.

A dependency claim is compensation for the family members who relied on someone financially before that person was killed in a road accident. It covers the support lost, reasonable funeral costs, and a fixed statutory sum for the bereavement itself.

Who the law allows to claim

The dependants who may bring this claim include the deceased’s spouse, parents and children.[1]

The law treats grandparents as parents, and grandchildren and step-children as children, so they can claim too.[4] Since the Civil Law (Amendment) Act 2019, a person with a disability who was in the deceased’s care can also claim. Brothers, sisters, uncles and aunts are not in the list.

It is not everyone who is grieving. It is those who depended on the person’s money, whether or not they shared a household.

What the claim covers

Loss of support is the centre of the claim. It is the money the family would have kept receiving from the person who died. Reasonable funeral expenses are also recoverable. Eligible family members can generally claim the fixed statutory bereavement sum too, raised to RM30,000, subject to current law.[3]

How is the amount worked out?

It depends on the deceased’s actual income and how much the family relied on it. That is why no example figure appears here.

What is the deadline?

A dependency claim must generally be brought within three years of the date of death.[2] Do not treat that date as flexible.

How a dependency claim works covers the process once you know this route applies to your family. Claiming after a fatal road accident explains how it sits alongside the separate estate claim.

Putting the household’s loss into a claim is the step where an independent lawyer can take over for your family. For first contact, send only the accident date, where it happened, whether family members depended on the deceased (yes/no) and the police report status. Keep family identities and financial details private until an identified independent lawyer contacts you and specifically requests them.

Need a lawyer to handle your injury claim?

If a parent, spouse or breadwinner died on the road, the household loss can be put forward by an independent lawyer; when you are ready, send the accident date, location and your general relationship to the deceased. Keep documents and private details to yourself. Only after an identified independent lawyer contacts you and specifically asks for them should you share them directly with that lawyer.

For people seeking legal representation. For general information, please use our guides and tools.

Common questions

In plain words, what is a dependency claim?

It is a claim brought by close family members who financially relied on someone killed in an accident, to compensate them for the support they have lost. It is separate from any claim the deceased's estate itself might bring.

Do I need to have been living with the deceased to claim?

Not necessarily. What matters is whether you were genuinely dependent on the deceased for financial support, which can include a spouse, parent or child who did not share the same household.

Does the family receive the bereavement sum automatically?

Eligible family members can generally claim the statutory bereavement sum as part of a dependency claim, alongside loss of support and funeral expenses, subject to current law.[3] It is a fixed amount rather than one assessed case by case.

What if there is more than one dependant, does everyone claim separately?

Eligible dependants are generally considered together within the one dependency claim, rather than each family member bringing a separate case, though how the total is shared depends on the family's own circumstances.

Need a lawyer to handle your injury claim?

Considering engaging a lawyer for your road accident claim? Request contact about possible representation. Any legal work and fees are agreed directly with an independent lawyer.

For people seeking legal representation. For general information, please use our guides and tools.