Funeral Expenses Covered Under NSW CTP Claims
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).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
In New South Wales, the Compulsory Third Party (CTP) scheme covers funeral expenses as part of motor accident compensation. Funeral costs eligible for funding include transportation of the deceased to the funeral location, burial or cremation expenses, and other related costs such as clothing or floral arrangements. SIRA guidelines specify that these expenses must be directly related to the deceased’s death resulting from the accident. Claimants should retain receipts and documentation to support these claims.
Funding for Treatment Costs Under NSW CTP
The NSW CTP scheme funds medical treatment costs for injured claimants. This includes hospital bills, specialist consultations, medications, and rehabilitation services. Under the Motor Accident Injuries Act 2017, treatment benefits are available for injuries resulting from a motor accident, regardless of fault. Claimants must provide medical records confirming the injury’s connection to the accident and treatment plans from healthcare providers.
Evidence Required for Funeral and Treatment Claims
To claim funeral or treatment costs, claimants must submit evidence such as:
- Death certificate or medical documentation confirming the accident caused the death
- Itemized funeral expense receipts
- Medical records linking the injury to the accident
- Proof of treatment costs (e.g., invoices from healthcare providers)
SIRA requires these documents to assess the claim’s validity and determine the amount of funding.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident for treatment benefits, unless the injury is a threshold injury. For funeral costs, there is no strict time limit, but delays may affect the ability to claim certain expenses. If an insurer disputes a claim, claimants can request a review through SIRA or seek legal advice to challenge the decision.
Practical Example
Consider a claimant who lost their partner in a car accident. Funeral expenses such as transportation and burial costs can be claimed under the CTP scheme. Meanwhile, the injured claimant’s medical bills, including physiotherapy and scans, are also covered. Both claims require separate documentation to prove the expenses are directly related to the accident.
When to Seek Legal Advice
Claimants should consult a legal professional if they face disputes over claim amounts, need help gathering evidence, or have complex circumstances such as multiple injuries or interstate accidents. Legal advice ensures claimants understand their rights and the CTP scheme’s requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.