Motor Vehicle Accidents

Who can make a car accident claim? 

A TAC claim is available if:

• A person is injured in an accident caused by the driving of a car, motorcycle, bus, train or tram. This applies if the person was the driver of a motor vehicle, a passenger in a motor vehicle, a pedestrian or a cyclist. This includes cyclists who collide with a stationary motor vehicle if the incident occurred on or after 9 July 2014.
• You are a family member or a dependant of a person killed in an accident caused by the driving of a car, motorcycle, bus, train or tram.
• A person is injured or killed in an accident occurring outside of Victoria but which involves a Victorian registered vehicle.

Even if you are at fault for the accident, you may still claim certain ‘no fault’ benefits from the TAC.

What Can I Claim Compensation For?

The TAC provides for both ‘no fault’ benefits for injured persons, and for common law damages for serious injuries where another party was negligent in causing the accident.

1. No Fault Benefits

These are benefits available regardless of who was responsible for the accident causing the injuries. These benefits include the following:

Medical and like expenses – The TAC will pay for expenses associated with medical treatment for your injuries. Examples of such expenses include attendances on your GP, referrals to specialist disciplines such as physiotherapists, orthopaedic specialists and neurosurgeons, medication costs, surgical costs, and counselling for psychological injuries arising from accidents. The TAC will also pay for home help expenses to assist with domestic work.

Loss of earnings – If your injuries render you totally incapacitated for employment, or partially restrict your capacity to work, the TAC will pay loss of earnings compensation to you. The TAC will pay loss of earnings compensation for a period up to three years from the date of the accident. For persons who are assessed as being severely injured, there are provisions in the legislation for the TAC to continue loss of earnings compensation beyond three years from the date of accident and up to retirement age.

Impairment Benefit – This is a lump sum payment available to persons whose injuries reach a prescribed threshold of whole person impairment. Your injuries must first be stabilised, in order for whole person impairment to be assessed by an independent medical examiner. Once that assessment is performed, the TAC will determine whether the injuries reach the required threshold to receive compensation.

2. Common Law Damages

In order to receive common law damages, you must first establish that you have sustained a ‘serious injury’ arising from the accident. Once established, you must then show that the accident in which you were injured was totally, or partially, the fault of somebody else. This process of establishing liability will involve a consideration of various materials, such as police accident reports, witness statements, any available footage,  and in some cases before the Courts, accident reconstructions.

You are able to recover damages for pain and suffering, and for loss of earning capacity, as part of a common law damages claim.

Are There Any Time Limits to Lodge a Claim?

The simple answer is yes. Different states have different time limits in relation to motor vehicle accident claims. It is advised to submit your claim as soon as possible to avoid any time-sensitive file lodgements. Our expert motor vehicle lawyers will be able to tell you when the best time to lodge your claim is and if there are any applicable time limits for your case.

How Long Will It Take to Receive Compensation?

As time goes on, proving any sort of compensation claim becomes increasingly difficult.
People’s memories and accounts of incidents become distorted, and facts become more difficult to prove. That’s why it’s essential to act as soon as possible if you have been injured in a car accident.

A TAC claim for ‘no fault’ benefits must be lodged within twelve months from the date of the accident, or alternatively within twelve months from the date that an injury sustained in the accident first manifests itself. The TAC may accept a claim beyond this timeframe up to three years from the date of the accident or from the date that an injury sustained in the accident first manifests itself if it considers there to be a reasonable explanation for the delay. The TAC may not, however, accept any claim lodged more than three years from the date of the accident. If a person is aged under eighteen at the time an accident occurs, they have until the day before they turn twenty-one years of age to lodge a claim.

A common law claim for damages must be commenced within six years from the date of the accident. If a person is aged under eighteen at the time an accident occurs, they have six years from the date that they turn eighteen to commence a common law damages claim. An extension to this time limit may only be granted by the Courts in limited circumstances. Common law damages claims are complex in nature and require significant preparation. Legal advice should be sought well before the expiration of the time limits stated.

How Much Will I Have to Pay?

Regardless of your financial situation, LHD Lawyers believe every Australian is entitled to have their compensation claim properly represented. We believe this so strongly that our claims are backed by our No Win No Fee policy on all compensation claims we manage. You don’t pay a cent unless we win your motor vehicle compensation claim!

If you or a family member have been involved in a motor vehicle accident and believe you are entitled to compensation, give us a call on 1800 455 725 to arrange a free consultation.