Motor Vehicle Injuries (TAC)

If you have been injured in a motor vehicle accident you are entitled to make a claim for compensation to the Transport Accident Commission (TAC). This can be done over the phone by calling the TAC, or if you are admitted to hospital, it is likely the hospital will lodge the claim on your behalf. You must also notify the police of the accident to be entitled to compensation from the TAC.

 

Types of Compensation Available

 

Loss of Earnings

If you are unable to work or can only work performing limited duties and hours, you can claim loss of earnings benefits for a period of up to 3 years. The payment is generally 80% of your pre-injury earnings. The payments may continue after 3 years if your injuries are assessed at 50% whole person impairment or more.

 

The TAC can contribute towards your weekly wage when you are unable to return to work performing all the duties you performed before the injury.

 

Medical Expenses

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You can claim the cost of GP and specialist appointments as well as allied health rehabilitation costs such as physiotherapy. Your medication costs will be covered. You can also request gym/swim membership, home and garden assistance and medical aids if required. The cost of travel to obtain these services can also be claimed.

 

Impairment Benefit

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If your injuries have left you with a permanent impairment, you can claim an amount of compensation reflecting the level of impairment. The TAC has a threshold of 11% whole person impairment before compensation is payable. The current compensation for 11% is $8,350.

 

Serious Injury Application/Common Law Claim

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If the accident was caused by the negligence of another driver, you may be entitled to common law damages for pain and suffering and economic loss.

 

A Serious Injury Application is the first step in the process. Documents are prepared and medical material obtained which is then provided to the TAC. The TAC may grant a Serious Injury Certificate and a settlement conference will occur to try and settle your claim.

 

If the TAC does not grant the Serious Injury Certificate, proceedings have to be issued in the County Court of Victoria to have the certificate granted by the Court, after this a settlement conference will occur.

 

We can assist you with all aspects of your TAC claim.  It is important to seek advice as soon as you can to make sure you receive the correct compensation entitlements from the beginning of your TAC claim.