Funeral Expenses: What's Covered?

Experiencing the loss of a loved one in a tragic accident is an incredibly difficult and heart-wrenching experience. Amidst the emotional turmoil, dealing with the financial burden of funeral expenses can further intensify the stress. However, if the accident occurred in New South Wales, you may be eligible to claim funeral expenses.

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UNDERSTANDING THE LAW

The Motor Accident Injuries Act 2017 (NSW) outlines the provisions for funeral benefits under Section 3.4. This section ensures the payment of reasonable funeral expenses for almost all individuals who have been killed in a motor vehicle accident in New South Wales, regardless of fault.


This means you can make a claim for funeral expenses even if the deceased was the person at fault for the accident.

WHO CAN MAKE A CLAIM?

A claim for funeral expenses is usually made by the person who paid for the funeral and associated expenses and is seeking reimbursement or by the executor of the will or administrator of the deceased’s estate.

VISITORS TO NSW FROM OTHER STATES OR OVERSEAS

In the event that the deceased resided in a different Australian state and was visiting New South Wales at the time of the accident, the claim for funeral expenses will also encompass the reasonable expenditures associated with transporting the deceased to a suitable location for burial or cremation, or back to their usual place of residence. 


If the deceased was an overseas visitor, the claim for funeral expenses will also cover the reasonable cost of repatriating the deceased to their home country.

WHAT CAN BE CLAIMED?

Some of the expenses which can be claimed as part of your funeral expenses claim include:

FUNERAL DIRECTOR'S PROFESSIONAL FEES

The fees charges by the funeral director and their professional services are generally covered. This includes costs related to organising and coordinating the funeral service, as well as handling necessary paperwork.

Funeral Director - Professional Fees is Claimable
Flowers at a Funeral Service

COST OF THE FUNERAL SERVICE

Expenses directly associated with the funeral service itself, whether it involves cremation or burial, are typically claimable. This encompasses venue costs, such as hiring a chapel or a funeral home, and any necessary equipment, staff or facilities required to conduct the service.

THE COFFIN

The cost of the coffin or casket is also eligible for reimbursement. The specific type and quality of the coffin may vary, and the coverage generally considers reasonable expenses in line with cultural or personal preferences.

Coffin or Casket at a Funeral Service
Mourning Car at a Funeral - Claimable Expense

MOURNING CAR

In certain cases, the provision of a mourning car or hearse for transporting the deceased to the funeral location may be included in the claimable expenses. This helps alleviate the financial burden associated with arranging transportation during this challenging time.

CEMETERY SITE

If burial is chosen as the method of laying the deceased to rest, the expenses related to securing a cemetery site can often be claimed. This covers the cost of purchasing a burial plot or arranging for a suitable resting place within a cemetery.

Cemetery Site - Claim Expenses
Flowers and decorations at a Funeral Service

FLOWERS AND DECORATIONS

The expenses incurred for purchasing flowers, wreaths or other floral arrangements are typically claimable, subject to the insurer's approval of reasonable expenses.

NEWSPAPER NOTICE

Publishing a notice in a newspaper to inform friends, family and the wider community about the funeral arrangements is a common practice in New South Wales. The cost associated with this notice can often be claimed.

Stack of Newspapers with Funeral Notice
Signing a Death Certificate

DEATH CERTIFICATE

The cost of obtaining the death certificate, which may be required for various legal and administrative purposes, is considered a claimable expense. These certificated serve as official documentation of the individual's passing.

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HOW DO I MAKE A CLAIM?

To start the claims process, you should complete the Application for Funeral Expenses claim form.


The form is very straightforward and asks you to complete details including your personal information, information about the deceased, and specifics about the accident which caused the death of your loved one. 


You will also need to attach to the completed form any receipts or invoices for the funeral expenses that you are seeking to claim. You should ensure you keep the original documents – only provide copies of the documents if you lodge your original form by post.

Car with a Destroyed Frontend after an accident

TIME LIMITS

Time limits are in place for lodging a claim for funeral expenses.


In New South Wales (NSW), the time limit for a funeral expenses claim is three months from the date of the accident.  A claim may be accepted after this time however the CTP insurer may require an explanation as to why a claim was not lodged within the required timeframe.


It is important to take prompt action and seek legal advice to ensure compliance with the relevant time frames.

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FREQUENTLY ASKED QUESTIONS

  • Can I claim funeral expenses if the deceased was the person at fault?

    Funeral expenses are covered even if the deceased was at fault for the motor accident. The Motor Accident Injuries Act 2017 provides for the payment of reasonable funeral expenses for all individuals killed in a motor vehicle accident, regardless of fault.

  • What funeral expenses can be claimed?

    While coping with the loss of a loved one is undoubtedly a challenging journey, understanding the funeral expenses that can be covered under a CTP insurance policy in New South Wales can provide some financial relief during this difficult time. From funeral director fees and the cost of the service to the coffin, mourning car, cemetery site, flowers, newspaper notice, and death certificate, several aspects of the funeral arrangements may be eligible for reimbursement.

  • Who is eligible to claim funeral expenses?

    You are eligible to claim funeral expenses under the Motor Accident Injuries Act 2017 (NSW) if your loved one has been killed in a motor vehicle accident in New South Wales, regardless of fault. 


    This includes accidents involving motorcycles, buses, pedestrians, or any road accidents involving a vehicle.

  • Is there a limit the insurer will pay for a coffin?

    The specific type and quality of the coffin may vary from funeral home to funeral home. There are generally a number of options available.


    The CTP insurer generally considers ‘reasonable expenses’ in line with budget, cultural, religious or personal preferences when reimbursing these expenses.


    We recommend seeking prior approval for the cost of your preferred coffin from the CTP insurer if the purchase of a coffin will place you in financial hardship. 

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Submit the form below and we will have one of our expert CTP lawyers reach out to learn more about you and your circumstances and see if you are eligible. Start the CTP claim process now to get the compensation you deserve.