CTP After a Road Death in Queensland
People in the know often don’t advise families of this.
When someone dies on the road, the family gets hit with everything at once. Grief, police, the Coroner, the funeral… money is usually the last thing on your mind. That said, it’s worth knowing that Queensland’s Compulsory Third Party (CTP) insurance may help with reasonable funeral costs, and may pay compensation to family members or dependants who are eligible.
Here’s how to get started. Just quickly, I’m not a lawyer and this isn’t legal advice. Every claim is looked at on its own facts.
What CTP might cover
If your person died in a motor vehicle accident in Queensland that was caused wholly or partly by another driver, a CTP claim may include:
It doesn’t cover everything, and nothing is guaranteed. The insurer assesses the claim and the evidence.
1. Find the right insurer
The claim usually goes to the CTP insurer of the vehicle that caused, or helped cause, the accident. You don’t need to know who that is yet. If you have the rego number, use MAIC’s Find a vehicle’s CTP insurer tool, or call the Motor Accident Insurance Commission (MAIC) on 1800 287 753.
If that vehicle was uninsured or can’t be identified, the claim goes to the Nominal Defendant. MAIC can explain how that works, and the deadlines are shorter (more on that below).
2. Ask about funeral costs early
Call the insurer as soon as you can and tell them the accident resulted in a death. Ask:
Don’t assume the insurer will pay the funeral provider directly, and don’t assume you have to pay first either. Confirm it with them. Keep every invoice, receipt and record of payment.
3. Use the fatal injury claim form
Queensland has a specific form for this: the Notice of Accident Claim Form Fatal Injury . At the time of writing, MAIC says fatal claims must be lodged on the PDF form, not through the online CTP portal.
- Part A covers funeral and other expenses.
- If you’re also claiming dependency, complete Parts A and B.
- The accident must be reported to police before you lodge.
- Send the form to the CTP insurer, or to the Nominal Defendant for uninsured or unidentified vehicles.
- Follow the form’s instructions for signing, witnessing and attachments.
4. Start gathering paperwork
What you need depends on the claim, but these are a good start:
- the police report reference number, and the officer or station if you know it
- rego numbers and details of the vehicles involved
- a certified copy of the death certificate, once it’s available
- funeral invoices and receipts, including what’s already been paid
- your ID and contact details
- proof of your relationship to your person, where relevant
- for a dependency claim, anything showing the financial support or domestic help your person gave.
5. Think about dependants
The funeral bill is only one part of a fatal CTP claim. A surviving spouse or de facto partner, dependent children, or someone else who relied on your person for money or for essential help at home may have their own claim. These need more evidence than the funeral costs, and it’s worth getting independent legal advice before settling one.
Time limits
Please don’t put this off. The deadlines are strict. MAIC’s current guidance says the claim form usually has to go in by whichever of these comes first:
If the vehicle can’t be identified, it’s generally three months.
Exceptions are limited, so check MAIC’s timeframes page early. If you think a deadline has already passed, get advice straight away rather than assuming it’s too late.
Do you need a lawyer?
No, you can deal with the insurer yourself. A lawyer can be helpful though if there’s a dependency claim, a dispute about fault or eligibility, a settlement offer you’re unsure about, or you just can’t make sense of what the insurer is telling you. Ask about fees, and whether any costs can be recovered, before you decide.
If you’re arranging a funeral with us after a road accident, let us know early. We’re happy to help you keep the invoices and paperwork the insurer will want, so that’s one less thing on your plate.