Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
If you're seeking compensation for funeral expenses after a motor accident in New South Wales, understanding how daily activities assessments influence your claim is critical. Under the Motor Accident Injuries Act 2017 (MAIA), funeral costs are covered as part of 'loss of income and other financial loss' claims. However, the calculation of these expenses depends on how the injury affects the deceased’s ability to perform daily tasks, which in turn impacts the compensation available to dependants. This article explains how SIRA guidelines assess funeral costs in relation to daily activity limitations and what steps to take if you're affected.
What Funeral Expenses Are Covered Under NSW CTP Claims?
Funeral expenses are included in CTP claims under the MAIA as part of 'loss of income and other financial loss.' This covers costs such as:
- Funeral home fees
- Transportation for the deceased
- Burial or cremation costs
- Clothing or other necessary items for the deceased
SIRA guidelines state that these expenses must be 'reasonably necessary' and directly related to the death. For example, a funeral director’s fee for arranging a burial would be covered, but discretionary costs like a memorial service may not be.
How Daily Activities Assessments Affect Funeral Claims
SIRA assesses the impact of the injury on the deceased’s daily activities to determine the level of compensation. If the injury caused a loss of capacity to perform routine tasks, this may increase the financial burden on dependants, including funeral costs. For instance, if the deceased was unable to work due to the injury, their dependants may require additional financial support to cover funeral expenses.
The key here is that the assessment of daily activities directly influences the calculation of 'loss of income' and 'financial loss' components. If the injury significantly limits the deceased’s ability to work or manage daily tasks, the compensation for funeral expenses may be adjusted accordingly.
SIRA Guidelines for Calculating Funeral Expenses
SIRA’s 'What you can claim' page outlines that funeral costs are calculated based on the deceased’s circumstances and the dependants’ needs. For example:
- If the deceased had dependants who relied on their income, the funeral expenses may be adjusted to reflect the financial impact of the injury.
- If the deceased’s injury caused a loss of capacity to work, the dependants may be entitled to additional financial support to cover funeral costs.
SIRA also provides a 'loss of income calculator' to help estimate the financial impact of the injury on dependants. This tool considers factors such as the deceased’s income, the number of dependants, and the duration of the injury.
Practical Steps to Take After a Motor Accident
- Notify the at-fault driver’s insurer as soon as possible. Under the MAIA, claims must be made within 52 weeks of the accident if the injury is a 'threshold injury' (a soft tissue injury meeting specific criteria). However, funeral expenses may be claimable beyond this period if they are directly related to the death.
- Keep detailed records of funeral costs, including receipts, invoices, and any correspondence with the funeral home. These documents will be required to support your claim.
- Seek medical evidence to assess the impact of the injury on daily activities. This may include reports from a medical practitioner confirming the extent of the injury and its effect on the deceased’s ability to work or manage daily tasks.
- Consider a SIRA assessment if the claim is disputed. SIRA provides a process for resolving disputes through mediation or formal review.
Time Limits and Dispute Options
Under the MAIA, claims for 'loss of income' must be made within 52 weeks of the accident if the injury is a threshold injury. However, funeral expenses are not subject to the same 52-week limit and may be claimable at any time, provided they are directly related to the death.
If your claim is disputed, you may need to:
- Request a review of the claim through SIRA’s dispute resolution process.
- Seek legal advice to challenge the decision, especially if you believe the assessment of daily activities is incorrect.
When to Seek Legal Advice
If you’re unsure whether your funeral expenses are covered or if the assessment of daily activities is affecting your claim, it’s important to seek legal advice. A solicitor can help you understand your rights under the MAIA and ensure that all relevant factors are considered when calculating your compensation.
Next Steps
CTP claims involving funeral expenses can be complex, especially when daily activities assessments are involved. The available options depend on the facts of your case, including the date of the accident, the nature of the injury, and the impact on dependants. To request contact about your circumstances, complete the quick, no obligation enquiry form.