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When you are injured in a transport accident you need to know what you are entitled to.

TAC Claims - A Short Guide.

Transport Injury.

Notify Police.

Make a TAC claim within 1 year.

Legal Advice.

Talk to Penny while events are fresh in your mind.

Know your rights from the start.

If you are unable to work, make a TAC claim for loss of earning benefits. You will need to provide TAC with a certificate of capacity and details of loss of earnings

If you need medical, rehabilitation, disability, travel or other support services, make a claim for these.

If your injury is permanent you may be able to claim an Impairment Benefit.

If your injury is serious and was caused by someone else's negligence you may be able to seek common law damages.

Transport Injury.

Notify Police.

Make a TAC claim within 1 year.

Legal Advice.

Talk to Penny while events are fresh in your mind.

Know your rights from the start.

Weekly Payments.

If you are unable to work, make a TAC claim for loss of earning benefits. You will need to provide TAC with a certificate of capacity and details of loss of earnings

Medical and Support Services.

If you need medical, rehabilitation, disability, travel or other support services, make a claim for these.

Impairment Benefit.

If your injury is permanent you may be able to claim an Impairment Benefit.

Common Law.

If your injury is serious and was caused by someone else's negligence you may be able to seek common law damages.

Car Accident Compensation Claims

If you have been injured in a transport accident and need time off work you may be entitled to loss of earning benefits. If you need medical, rehabilitation, disability, travel, household or other support services it is possible to make a TAC claim for these as well. If you have a permanent injury you may be entitled to an impairment benefit, if you have a serious permanent injury and the transport accident occurred because of the negligence of someone else you may be entitled to sue and recover common law damages.

Strict time limits apply to TAC claims so it is important that you get advice about your rights as soon as possible.

How Peninsula Injury Lawyers can help

Talk to Penny about how to make a TAC claim and what your individual entitlements might be. Penny can help you make a TAC claim and can also help if your claim has been rejected. If you have a permanent injury, Penny will be able to let you know if you can make a claim for a TAC impairment benefit and can help you make that claim.

If you have a serious injury caused by the negligence of another person you may be entitled to common law damages. Penny can also advise you about whether you are able to sue and recover damages and she can help you make a common law claim.

We can advise you about your rights to TAC benefits and common law damages.

Car Accident Claim Case Study

Martha has injured her knee in a transport accident

Situation

Martha was driving through a green light when another car travelling through the intersection ran a red light and hit her car on the passenger side. The car spun around and her car hit an electricity pole. Martha injured her knee in the accident and attended the hospital for 2 days after the accident. Martha has been unable to work in her job as an accounts clerk since the accident which was 6 months ago. Martha has had a lot of physiotherapy treatment and numerous visits to the specialist and her general practitioner. Martha will need a knee replacement and she will have this in 2 months time. She is uncertain about her future and her entitlements.

 

Process

Martha must notify the police and make a TAC claim within 12 months of the accident. As Martha has required time off work because of her injuries she can make a claim for loss of earnings benefits. She will need to provide TAC with a claim form and a medical certificate stating that she cannot work because of her injuries. Martha can make a claim for the reasonable medical expenses she has incurred and does not have to pay the excess because she was hospitalised for a few days after the accident. As Martha is having a knee replacement it is likely that her injury will be permanent and that she will be entitled to an Impairment benefit. It is also likely that Martha will be found to have a serious injury.

 

Outcome

As Martha's injury was caused by the negligence of another driver it is likely that she will be able to claim common law damages. Martha should seek legal advice about this as soon as possible while the details of the accident are fresh in her mind and so that she has a better understanding of what her future entitlements might be and what steps she needs to take.

 

Traffic Accident Claims FAQs

If you are injured as a result of the driving of a car, motor bike, bus, train or tram, or if you were the dependent of someone who was killed in a transport accident and the transport accident occurred in Victoria or involved a Victorian registered vehicle, you may be entitled to TAC benefits.

If you are unable to return to work because of injuries sustained in the transport accident you can claim loss of earnings benefits. If you need medical treatment, rehabilitation or disability services, travel or household support services you can also make a claim for these. If you have a permanent injury, you may be able to make a claim for an Impairment Benefit. If the transport accident was someone else's fault and you have a serious injury you may be able to claim common law damages.

 

You need to fill out a claim form and provide information to TAC about the accident and your injury. If you want to make a claim for loss of earnings you may need to provide a medical certificate to the TAC and evidence of the amount of earnings you have lost. You can get a claim form from TAC. If you need help filling out the claim form, or providing information to the TAC, talk to Penny.


You must make a TAC claim within 12 months of your injury or within 3 years, if there are reasonable grounds for delay. If you were not 18 when the accident occurred, you may make a claim before you turn 21, or within 3 years of the accident, whichever is later.

If you want to make an Impairment Benefit or common law claim you must do this within 6 years of the date of the accident.

It is important that you get advice as soon as possible about the time limits that apply in your particular case

 


If your claim is rejected you can apply to TAC to have an informal review. You can also ask Penny to help you seek a review of TAC's decision, through a process called a Pre-Issue review. Another way to seek a review of a TAC decision is to make an application to VCAT. Any application to VCAT must be made within 12 months of becoming aware of TAC's decision.

 


If you have a permanent injury you may be entitled to a TAC lump sum called an Impairment Benefit. Penny can advise you about whether you are entitled to an Impairment Benefit and can help you make a TAC lump sum claim.

 


If you have a serious injury caused by the negligence of another person, you may be entitled to sue for damages. Any common law claim must be made within 6 years of the date of the accident. As strict time limits apply in these cases it is important that you get advice about making a common law claim as soon after your injury as possible.