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've suffered a motor accident in Newcastle or the Hunter region and your loved one has passed away, funeral expenses may be covered under NSW's Compulsory Third Party (CTP) scheme. This article explains what funeral costs are eligible, the early steps to claim, and how SIRA assesses these claims. Time limits and documentation requirements are also outlined.
What Funeral Expenses Are Covered Under NSW CTP Claims?
Under the Motor Accident Injuries Act 2017, funeral expenses are considered a statutory benefit. SIRA covers reasonable costs related to the burial, cremation, or transportation of the deceased, including:
- Transportation of the body to the funeral home or crematorium
- Burial or cremation fees
- Costs of clothing or shrouds
- Fees for the funeral director
- Expenses for the deceased’s final medical care
SIRA does not cover personal expenses like flowers, catering, or memorial services. Claims must be for costs directly related to the deceased’s care and disposition.
Early Steps to Claim Funeral Expenses After a Motor Accident
If your loved one has died as a result of a motor accident, take these immediate steps:
- Secure medical documentation - Confirm the cause of death and any pre-existing conditions that may affect the claim.
- Preserve accident evidence - Gather police reports, witness statements, and photos of the accident scene.
- Notify the at-fault driver’s insurer - Contact the insurer of the vehicle involved to report the death and request a claim form.
- Submit a claim to SIRA - Complete the CTP claim form within 52 weeks of the accident date (or 5 years if the claim is for a future injury). For funeral expenses, claims must be submitted within 5 years of the accident.
- Keep detailed records - Retain receipts, invoices, and correspondence with SIRA and the insurer.
How SIRA Assesses Funeral Expense Claims in Regional NSW
SIRA evaluates funeral claims based on the 'reasonableness' of the costs. For example, a family in Newcastle claiming burial expenses must provide:
- A funeral director’s invoice
- Proof of the deceased’s death (e.g., a coroner’s report)
- Evidence that the expenses were incurred as a direct result of the accident
In the Hunter region, claimants should contact SIRA’s regional office to confirm local processing times. SIRA may request additional documentation if the claim appears incomplete.
Documentation Required for Funeral Expense Claims
To support your claim, you’ll need:
- A copy of the death certificate
- Medical records confirming the cause of death
- Funeral home invoices and receipts
- Police report or accident report
- Witness statements (if available)
- Proof of the deceased’s residency in NSW
If the deceased was a child or dependent, additional documentation about their care and support may be required.
Time Limits and Dispute Options
Funeral expense claims must be submitted within 5 years of the accident date. If the claimant dies before submitting the claim, the estate or legal representative must act within this period.
If SIRA rejects your claim, you may request a review or escalate the matter to the NSW Civil and Administrative Tribunal (NCAT). However, disputes over funeral expenses are rare, as SIRA typically prioritizes claims for essential care costs.
When to Seek Legal Advice
While SIRA handles most claims, complex cases involving multiple parties, disputed fault, or overlapping workers’ compensation claims may require legal assistance. A solicitor can help navigate issues like:
- Determining the correct insurer to contact
- Contesting a rejected claim
- Coordinating with multiple agencies
If you’re unsure about your options, contact LegalAdvice.com.au for a free assessment of your circumstances.
Next Steps for Injured Road Users
If you or a loved one has been involved in a motor accident in Newcastle or the Hunter region, act quickly to preserve evidence and meet deadlines. Funeral expenses are a statutory benefit, but the process requires careful documentation and timely action. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.