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 resulting in a death, funeral expenses may be recoverable under New South Wales' Compulsory Third Party (CTP) scheme. This article explains the evidence and records you must preserve to support a claim for funeral costs under the Motor Accident Injuries Act 2017. The NSW government's State Insurance Regulatory Authority (SIRA) provides clear guidance on what documentation is required to substantiate such claims.
What Evidence is Needed for Funeral Expense Claims?
To claim funeral expenses, you must provide evidence that the costs were incurred as a direct result of the motor accident. Key documents include:
- Receipts or invoices from funeral directors, crematoriums, or related services
- Proof of payment (bank statements, payment confirmations)
- Funeral service agreements outlining the scope of services provided
- Witness statements from family members or others present at the funeral
- Medical or police records confirming the deceased's death and its connection to the accident
SIRA's guidelines emphasize that all evidence must clearly link the funeral expenses to the accident. For example, if the deceased was a passenger in a car crash, you must show the funeral costs were necessary due to the accident, not pre-existing arrangements.
How to Preserve Funeral Records for Legal Claims
Funeral records must be retained for the duration of the claim, which could extend beyond the standard 52-week limit for threshold injuries. Key steps to preserve evidence include:
- Photocopy all documents immediately after receipt, including handwritten notes or handwritten receipts
- Organize records chronologically by date and type of expense
- Store originals securely in a safe location, such as a locked safe or with a trusted family member
- Keep digital copies on a secure device, ensuring files are backed up regularly
- Document any attempts to contact insurers or claimants, including dates and outcomes of communications
If you're unsure about the relevance of a particular document, consult SIRA's checklist for motor accident claims. For instance, a handwritten note from a family member confirming the deceased's death date may be crucial if official records are delayed.
Critical Documents Under SIRA Rules
SIRA's 'What you can claim' page outlines that funeral expenses are recoverable under the CTP scheme, but only if they meet specific criteria. The most critical documents include:
- Death certificate confirming the cause of death and date of death
- Police report detailing the accident and its circumstances
- Medical report from a coroner or doctor confirming the death was not due to unrelated causes
- Funeral service provider records showing the total cost of services
- Witness statements from people who saw the deceased before or after the accident
For example, if a family member claims the deceased was in a car accident but the death certificate lists a different cause, this could delay or block the claim. Always ensure all evidence aligns with the accident's circumstances.
Time Limits and When to Seek Advice
CTP claims must be made within a reasonable time of the accident, typically within 52 weeks for threshold injuries. However, funeral expense claims may have different timelines depending on when the costs were incurred. If the deceased's family is unsure about the claim's viability, they should seek legal advice promptly. SIRA's guidelines also note that delays in submitting evidence could result in claims being rejected, especially if documents are lost or damaged.
Example Scenario
Consider a case where a motorcyclist is killed in a collision. The family must prove the funeral costs were incurred due to the accident. If the funeral director's invoice shows the service was arranged after the accident, this supports the claim. However, if the family had pre-paid for a funeral, they may need to demonstrate that the pre-paid amount was directly related to the accident.
Next Steps
Funeral expenses in NSW CTP claims require meticulous record-keeping. If you're unsure whether your evidence meets SIRA's standards, consult a legal professional. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.