In New South Wales, funeral expenses can be claimed under the Compulsory Third Party (CTP) scheme following a motor accident. This article explains how funeral costs are handled under NSW law, referencing SIRA guidelines and providing practical examples relevant to the Central Coast.
What funeral expenses are covered under NSW CTP claims?
Under the Motor Accident Injuries Act 2017, funeral expenses are considered a claimable item if they are directly related to the death of a person injured in a motor accident. SIRA guidelines specify that eligible costs include:
- Reasonable funeral service fees
- Transportation of the deceased to the funeral service
- Burial or cremation costs
- Costs of a memorial service
Expenses not covered include personal items, excessive luxury costs, or services not directly related to the funeral. For example, a family on the Central Coast claiming funeral costs after a motor accident would need to provide invoices showing the cost of the funeral service and transportation.
How are funeral expenses claimed in NSW CTP cases?
To claim funeral expenses, the following steps are typically required:
- Notify the insurer: The claimant must inform the at-fault driver’s CTP insurer within two years of the accident (s 5(1) of the Motor Accident Injuries Act 2017).
- Submit documentation: Supporting evidence includes funeral invoices, receipts for transportation, and a death certificate. For instance, a family on the Central Coast might need to provide a funeral home invoice showing the cost of services.
- Complete a claim form: SIRA’s online claim form (https://www.sira.nsw.gov.au/claims/motor-accidents/making-a-claim) requires details of the funeral expenses and the deceased’s medical records if the death was related to the accident.
Central Coast examples illustrate the handling of funeral expenses
A practical example from the Central Coast involves a pedestrian killed in a car accident at a local shopping centre. The family submitted funeral expenses for transportation and burial, which were approved under the CTP scheme. However, claims for a luxury memorial service were denied as they fell outside the defined scope.
Time limits, disputes and when to seek advice
CTP claims must be made within two years of the accident (s 5(1) of the Motor Accident Injuries Act 2017). If a claim is disputed, the insurer may request a review by SIRA. For example, if an insurer rejects a funeral expense claim, the claimant can apply for a review under s 33 of the Act. Legal advice is recommended if disputes arise or if the claimant is unsure about the eligibility of specific costs.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.