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 NSW, the Compulsory Third Party (CTP) scheme may cover your costs. This article explains how to determine eligibility for funeral claims under the NSW CTP scheme, the evidence required, and time limits for claims. The information applies to Ashfield residents and is based on the Motor Accident Injuries Act 2017 and SIRA guidelines.
What funeral expenses are covered under the CTP scheme?
Under the NSW CTP scheme, funeral expenses are eligible for reimbursement if the death resulted from a motor accident. This includes costs like:
- Burial or cremation fees
- Transportation of the deceased
- Clothing for the deceased
- Fees for a funeral director
- Costs of a memorial service
The scheme does not cover expenses unrelated to the funeral, such as travel costs for family members or personal grief support. Claims must be for expenses directly tied to the death caused by the accident.
Proving eligibility for funeral expense claims
To claim funeral expenses, you must provide evidence that:
- The deceased died as a result of a motor accident
- The funeral expenses were incurred within 52 weeks of the accident
- The expenses were necessary and reasonable
Key documents include:
- A death certificate confirming the cause of death
- Medical records linking the death to the accident
- Funeral invoices or receipts
- Police reports or accident reports
If the death occurred more than 52 weeks after the accident, you may need to pursue a separate claim through the NSW Civil and Administrative Tribunal (NCAT) or seek legal advice.
Time limits for claiming funeral expenses
The CTP scheme has strict time limits for claims. Generally, you must submit a claim within 52 weeks of the accident. However, this period does not apply to funeral expenses if the death occurred more than 52 weeks after the accident. In such cases, you may need to:
- Lodge a claim with SIRA within 52 weeks of the accident
- Seek a review from NCAT to assess the claim
When to seek legal advice
While the CTP scheme covers funeral expenses in many cases, eligibility depends on the specific facts of your situation. For example:
- If the death was not directly caused by the accident
- If the funeral expenses were not incurred within 52 weeks
- If the claim is disputed by the insurer
Legal advice can help you understand your options, especially if the claim is complex or involves disputes over the cause of death or the reasonableness of expenses.
Example scenario
Consider a case where a family in Ashfield lost a relative in a car accident. The deceased’s death was confirmed to be caused by the accident, and funeral expenses were incurred within 52 weeks. The family submitted the required documents to SIRA and received reimbursement. However, if the death occurred more than 52 weeks after the accident, the family would need to seek legal guidance to explore alternative options.
Next steps
CTP claims for funeral expenses depend on the timing of the accident, the cause of death, and the evidence provided. If you’re unsure whether your claim is eligible, complete the quick, no obligation enquiry form to request contact about your circumstances. General information cannot determine whether a claim is available in an individual case.