A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you've suffered a motor accident in Albury and need help covering funeral costs or recovering your ability to return to daily activities, the NSW Compulsory Third Party (CTP) scheme may provide support. This guide explains what funeral expenses are covered, how the CTP system supports recovery of daily activities, and what evidence you’ll need to claim. It also outlines time limits and when to seek legal advice.
What funeral expenses are covered under NSW CTP claims?
Under the NSW CTP scheme, funeral expenses are covered if they are directly related to the death of a person injured in a motor accident. This includes costs such as:
- Funeral home services
- Transportation of the deceased
- Burial or cremation fees
- Clothing for the deceased
- Legal costs associated with the funeral
- The
- Motor Accident Injuries Act 2017* and
- SIRA guidelines* specify that these expenses must be reasonable and necessary. For example, a funeral home’s standard service fee would typically be covered, but extravagant or unnecessary costs may not be.
How does the CTP system handle claims for returning to daily activities?
The CTP scheme supports recovery of daily activities by covering treatment, care, and income loss. If your injury has affected your ability to perform everyday tasks, you may be eligible for:
- Weekly income payments if you’re unable to work due to your injury
- Treatment and care benefits for medical or therapeutic services
- Rehabilitation support to help you regain independence
- To qualify, your injury must meet the
- threshold injury* criteria under the
- Motor Accident Guidelines*. This means your injury must be serious enough to require medical treatment and have a measurable impact on your daily life. For example, if you’ve suffered a soft-tissue injury (like a whiplash) that limits your mobility, you may be eligible for support.
What evidence is needed for funeral costs and activity recovery claims in Albury?
To claim funeral expenses or support for daily activities, you’ll need to provide:
- Proof of the death (e.g., a death certificate)
- Funeral expense receipts or invoices
- Medical records showing the injury’s impact on your daily activities
- Accident reports or police statements
- Witness statements if available
- Income records to support claims for lost wages or weekly payments
For activity recovery claims, a medical practitioner must confirm your injury meets the threshold injury definition. This includes documenting neurological signs or functional limitations that prevent you from performing routine tasks.
Time limits and disputes in CTP claims
CTP claims must be made within 52 weeks of the accident if you’re seeking weekly income payments or treatment benefits. However, funeral expense claims have no strict time limit, though delays may affect the ability to gather evidence.
- If your claim is disputed, you can request a review by the
- NSW Civil and Administrative Tribunal (NCAT)*. SIRA provides a
- Dispute Resolution Process* to help resolve disagreements over claim eligibility or benefit amounts.
When to seek legal advice
- While the CTP scheme covers many claims, not all cases are straightforward. For example, if your injury involves a
- spinal nerve-root injury* (even without radiculopathy), you may need a specialist to confirm it meets the
- soft-tissue definition* under the guidelines. Similarly, if your claim involves a
- blameless accident* or overlaps with
Example: A hypothetical claim in Albury
Consider a scenario where a pedestrian in Albury is hit by a car and later dies from injuries. The family could claim funeral expenses under the CTP scheme. Meanwhile, the injured person’s spouse might claim weekly income payments and treatment benefits to support recovery. A medical report confirming the injury meets the threshold injury criteria would be essential for both claims.
Next steps
If your claim involves funeral costs or daily activity recovery, start by gathering all relevant evidence. Contact SIRA directly for guidance on submitting your claim. If you’re unsure about your eligibility or need help with disputes, consider seeking advice from a legal professional. Every claim depends on its own facts.