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 vehicle accident resulting in a death, funeral expenses may be recoverable under New South Wales' Compulsory Third Party (CTP) scheme. This article explains what evidence you need to support your claim, the records to preserve, and how the NSW CTP process handles funeral costs.
What Funeral Expenses Are Covered Under NSW CTP?
Under the Motor Accident Injuries Act 2017, funeral expenses are included in the range of benefits available through the CTP scheme. This covers costs like:
- Funeral home invoices
- Transportation of the deceased
- Cremation or burial fees
- Clothing and other direct costs
The New South Wales government's State Insurance Regulatory Authority (SIRA) confirms that these expenses are recoverable as part of the 'reasonable and necessary' claim category. However, the evidence you provide must clearly show the cost was incurred as a direct result of the accident.
Key Evidence to Support Your Funeral Claim
To substantiate your claim, you must retain specific documentation. Here's what matters:
- Funeral home invoices and receipts - These should detail the cost of services provided. Keep copies of all paperwork.
- Medical records - If the deceased was treated for injuries before death, medical records may show the connection between the accident and the funeral expenses.
- Accident reports - Police reports or statements from witnesses can help establish the circumstances of the accident.
- Witness statements - Accounts from people who saw the accident or the deceased shortly before death may be relevant.
- Correspondence with insurers - Keep copies of all emails, letters, or forms sent to the at-fault driver's insurer.
- Digital evidence - Photos of the accident scene, vehicle damage, or the deceased's condition may be required.
Practical Steps to Preserve Evidence
- Secure funeral invoices immediately - Funeral homes often issue bills within days of the service. Request copies of all documents.
- Document the accident scene - Take photos of the vehicle damage, road conditions, and any visible injuries.
- Keep digital records safe - Store emails, texts, and social media messages related to the accident.
- Report the accident promptly - Notify the at-fault driver's insurer within 52 weeks of the incident. Delays may affect your ability to claim.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident date. If your claim is denied, you may need to:
- Request a review - SIRA provides a process to challenge decisions.
- Seek legal advice - A solicitor can help dispute a refusal or navigate the CTP process.
When to Seek Independent Advice
If your claim involves complex issues like:
- Multiple parties involved
- Disputes over the cause of death
- Questions about the relevance of funeral expenses
It's wise to consult a legal professional. While this article provides general guidance, your circumstances may require tailored advice.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.