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).
In New South Wales, funeral expenses and treatment planning are covered under the Compulsory Third Party (CTP) scheme following a motor accident. This article explains how claimants in Greater Sydney can include funeral costs and rehabilitation planning in their claims, based on the current NSW legal framework.
Funeral Expenses Covered Under NSW CTP Claims
Under the Motor Accident Injuries Act 2017, funeral expenses are eligible for compensation if they result from a motor accident. SIRA (State Insurance Regulatory Authority) guidance clarifies that costs such as transportation of the deceased, burial, and related services are covered. However, claims must be made within the statutory time limits, typically within 52 weeks of the accident, unless exceptional circumstances apply.
How Treatment and Rehabilitation Planning Affects Claims
Treatment and rehabilitation planning are critical to CTP claims. SIRA requires claimants to provide evidence of medical treatment plans, including rehabilitation goals, to assess ongoing care needs. For example, if a claimant requires physiotherapy or occupational therapy as part of recovery, these costs must be documented to ensure they are included in benefits. Delays in submitting treatment plans may affect the assessment of long-term care needs.
Practical Steps for Including Funeral and Treatment Costs
To include funeral expenses and treatment costs in a claim, claimants should:
- Gather receipts and invoices for funeral services
- Obtain medical records detailing treatment and rehabilitation plans
- Submit a completed claim form through the relevant insurer
- Ensure all documentation is submitted within the 52-week statutory period
SIRA emphasizes that claims must be supported by evidence showing a direct link between the accident and the expenses. For instance, if a pedestrian’s injury requires ongoing rehabilitation, the treatment plan must demonstrate how the accident caused the need for care.
Time Limits and Dispute Resolution
CTP claims must be submitted within 52 weeks of the accident, unless the claimant can prove exceptional circumstances justify an extension. If a claimant misses this deadline, they may lose entitlement to benefits for funeral and treatment costs. Disputes over claim validity can be resolved through SIRA’s dispute resolution process, which includes mediation and formal review.
When to Seek Legal Advice
While SIRA provides guidance, claimants may need legal assistance to navigate complex issues such as overlapping claims with workers’ compensation or disputes over treatment costs. Legal professionals can also help ensure all documentation meets CTP scheme requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.