TAC & Motor Vehicle Accident Lawyers Melbourne

Yes — you may well have a claim for common law damages on top of your TAC entitlements. If you suffer a serious injury due to another party's negligence, you may pursue a common law claim for damages. A serious injury is defined as:

• Serious long-term impairment or loss of a body function
• Permanent serious disfigurement
• Severe long-term mental or behavioral disturbance or disorder
• Loss of a fetus

Legal advice is recommended to navigate this process.

Here's what to do immediately after a transport accident:

1. Seek Medical Attention: Prioritize your health by consulting a healthcare professional, even if injuries seem minor.
2. Report the Accident: Notify the police, especially if there are injuries or significant property damage.
3. Gather Information: Collect details such as the date, time, and location of the accident, as well as information about other parties involved and any witnesses.
4. Document the Scene: Take photographs of the accident scene, vehicle positions, and any visible damages or injuries.

Time limits are important — don't delay. A TAC claim should be lodged within 12 months from the date of the accident or from when the injury first becomes evident. The TAC may consider claims made up to 3 years after the accident if reasonable grounds for the delay are provided. For individuals under 18, claims can be made until they turn 21.

Eligibility to lodge a TAC claim generally includes individuals who:

• Were injured in a transport accident involving vehicles such as cars, motorcycles, buses, trains, or trams
• Were pedestrians or cyclists injured due to a collision with a vehicle
• Are dependents or family members of a person who died as a result of a transport accident

It's important to note that the accident must have occurred in Victoria or involve a Victorian-registered vehicle.

Impairment benefits are lump-sum payments provided to individuals who sustain permanent impairments from a transport accident. The amount depends on the severity of the impairment, assessed using specific medical guidelines. To be eligible, the impairment must be stable and permanent.

The TAC offers various benefits, including:

• Medical and Rehabilitation Expenses: Coverage for treatments, hospital stays, and rehabilitation services.
• Income Support: Financial assistance if you're unable to work due to accident-related injuries.
• Impairment Benefits: Lump-sum payments for permanent impairments resulting from the accident.
• Common Law Damages: Compensation for pain and suffering if another party's negligence caused the accident.

To lodge a TAC claim, you can:

• Online: Complete the online claim form available on the TAC website.
• By Phone: Call the TAC directly at 1300 654 329 to provide necessary details.
• Through Hospitals: If hospitalized, some hospitals can submit a claim on your behalf; consult with the hospital's Patient Liaison Officer.

Ensure you have pertinent information ready, such as personal identification, accident details, and medical reports.

If you're unable to work for more than five days due to accident-related injuries, you may be eligible for income support. Generally, the TAC pays up to 80% of your gross income, with a maximum weekly limit. A valid certificate of capacity from your doctor is required to confirm your inability to work.

The Transport Accident Commission (TAC) is a Victorian government-owned organization that provides support services and compensation to individuals injured in transport accidents. The TAC's primary objectives include:

• Promoting road safety initiatives
• Funding treatment and support services for accident victims
• Managing compensation claims related to transport accidents

If your TAC claim is denied, you can:

• Request a Review: Contact the TAC to understand the reasons for denial and provide additional information if necessary.
• Seek Legal Advice: Consult with a legal professional specializing in TAC claims to explore your options.
• Apply to VCAT: If unresolved, apply to the Victorian Civil and Administrative Tribunal for an independent review of the decision.