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Car Accident Lawyers

At Gordon Legal, our car accident lawyers in Melbourne and Geelong can help you make your claim successfully.

If you or someone you care about is injured in a road accident, life can be turned upside down. The ability to focus on your recovery can be difficult when you are faced with trauma and financial uncertainty.

We are here to assist you through this challenging time by obtaining compensation from the Transport Accident Commission (TAC). The TAC will pay compensation to road users who are injured while travelling in a car, train, tram or bus, or as a cyclist, motorcyclist or a pedestrian. The TAC also pays compensation if someone dies as a result of a road accident.

We know when you’ve been in a car accident (or any road accident) that going through the claims process can seem daunting or overwhelming. We have experienced, friendly professionals with a comprehensive understanding of the TAC’s complexities, and the expertise needed to achieve the compensation you deserve.

For us every case is personal

Our Car Accident lawyers have decades of experience in handling difficult cases and understand the unique ins and outs of TAC claims.

We understand that Road accidents can be deeply traumatic and stressful events, which is why we strive to ease your burden by making the legal process as simple as possible for you.

How do I lodge my claim?

If you were taken to hospital for an injury following a transport accident, the hospital may have completed and lodged a claim on your behalf. If you signed a claim form then you can expect that your TAC claim has been lodged by the hospital and submitted to the TAC.

If you were not taken to hospital or did not fill out a claim form, you can make your TAC Claim by contacting the TAC directly on 1300 654 329, which incurs local call costs, or on 1800 332 556, which is a toll free number for anyone outside the Melbourne metropolitan area.

No Win No Fee for Road Accident Claims

Our car accident lawyers can help you with your claim for compensation on a No-Win No-Fee basis. This means that we will meet with you, investigate your case and provide you with advice without any cost or obligation. It also means that if we offer to act for you, and you take us up on this offer, you will not be responsible for any up-front legal fees until the end of the claim. Your TAC lawyer will talk you through the No-Win No-Fee costs structure when you meet. You can be as involved as you want to be – we’ll keep you in the loop when you need to be, and leave the jargon out of your way so you can focus on what matters most to you.

What sort of compensation am I entitled to?

* Medical and related expenses
* Loss of income
* Lump sum impairment
* Pain and suffering damages
* Loss of wages
* A death or dependency claim.

Some compensation under the TAC scheme can be accessed on a no-fault basis, so it doesn’t matter who caused or contributed to your injury.

Road users have a duty of care to each other. If they are breached, and you have sustained a serious injury, you may be entitled to pursue compensation for your pain and suffering, and loss of income.

Medical and related expenses may include things like:

* Medical services
* Hospital services
* Rehabilitation services
* Ambulance services
* Nursing services
* Physiotherapy, chiropractic, osteopathy treatment
* Medication
* Equipment
* Psychological/psychiatric services
* Counselling
* Household/home help services such as cleaning and gardening
* Accommodation support
* Travel expenses and
* Funeral expenses.

What to do if you think you have a claim:

  • Report the accident to the police or public transport operator
  • Take down the details of the other driver
  • Take down details of any witnesses to your accident/injury
  • Take photographs of the damage to all vehicles involved in the accident
  • If you can, take photos of your location, the resting position of all vehicles involved in the accident and your surrounds
  • Seek Medical treatment for any injuries you believe you suffered in the accident
  • Contact the TAC to lodge a claim for any injuries you have sustained in the accident
  • Make a free appointment with one of our TAC lawyers so you get expert advice on what your entitlements are – obligation free

Why do I need a lawyer after my car accident (or other transport accident)?

Applying for compensation through the TAC can be complex. Some TAC claims can seem straightforward, others – not.

The claims process can be frustrating and difficult to navigate on your own. It is incredibly valuable to have an expert personal injury lawyer on your side.

At Gordon Legal, our TAC lawyers are highly experienced with these claims for compensation and can guide you through any questions you may have about your claim, and, of course, ensure you achieve the best compensation outcome you can possibly achieve.

We can also explain to you the potential benefits available to you through the TAC’s No-Fault scheme, which can support you financially through your recovery, and compensate you beyond.

Road Accident & TAC Experts

Anastasia Eleftheriou

Partner Read more

Sarah Tarrant

Associate Read more

Joshua Dorey

Lawyer Read more

Haili Palor

Law Graduate Read more

FREQUENTLY ASKED QUESTIONS

Road Accident and TAC

  • Lodging your claim with the TAC
  • If you have suffered an injury or injuries as a result of the accident, you should see your doctor for any possible treatment you require
  • Speak to a lawyer

The Transport Accident Commission or TAC is the Victorian state government body responsible for managing injury claims made by people who have sustained an injury as a result of a motor vehicle, motorcycle, bus, train, tram or pedestrian accident in Victoria.

If you have sustained an injury due to a car or transport accident, then you may be entitled to receive benefits from the TAC either covering the entirety of your medical expenses or, at least, some of the ongoing support you require to help you recover.

If your claim is accepted, the TAC can provide compensation for your injuries. Compensation may be in the form of reimbursements for reasonable medical expenses, and payments for any time off work you need as a result of your injury. You may also be able to claim a lump sum payment as compensation if you have suffered a permanent injury.

The TAC also pays compensation if someone dies as a result of a road accident.

If you were admitted to hospital as a result of your road accident, or if your accident occurred after 14 February 2018, the TAC will cover your reasonable medical expenses immediately.

If you have suffered injury as a result of an accident, the TAC can cover a range of entitlements including medical expenses, loss of income (earning payments) and possible lump sum claims, namely impairment benefit and possibly a claim in negligence if the other driver(s) were at fault for the accident

We understand that being involved in a road or transport accident is extremely traumatic. If you have sustained an injury, an accepted TAC claim will mean you are entitled to claim important compensation for your injury.

By lodging a TAC claim, you are starting the process towards receiving important payments that are often vital for getting your life back on track, and getting the crucial treatment you may require.

You’ll be sent a Claim for Compensation Summary and any relevant forms, such as an Authority to Release Information form by the TAC. You should complete the form and return it as soon as possible to avoid any delays in your claim being accepted.

The TAC will decide to accept, deny or seek further information for your claim within 21 days of receiving it.

You have 12 months from the date of your accident to lodge a claim, but the TAC has the discretion to accept a claim within three years.

You are still covered by the TAC if you have suffered an injury as a result of an accident including medical expenses, loss of income and possible lump sum claims.

What happens in a car accident if the car is not registered?

If you are injured in a motor vehicle accident in an unregistered motor vehicle at the time of the accident, TAC can still cover you if the vehicle was capable of registration.

If your accident occurred interstate in a Victorian registered vehicle, you are still eligible to lodge a TAC claim.

What to do if this information applies to you

At Gordon Legal, we understand that TAC claims are a personal issue.

For personalised and individual advice, we offer consultations to discuss your matter.

Please call Gordon Legal on 1800 21 22 23 or our Geelong office on (03) 5202 2732 to speak with a member of our team.

Given the current environment, we are providing consultations over the phone, Zoom, WebEx or Skype.

If you have any questions relating to a car or road accident and want to speak to one of our TAC lawyers, call us on 1800 21 22 23.

A road accident can be a traumatic and stressful experience, but ensuring you get the best possible legal advice can help alleviate some of this pressure. Our Experienced TAC Lawyers can help you navigate the claims process and ensure you maximise your claim at each of its stages.

At the scene of the accident, once injured parties have been cared for and the scene is safe, it will be important to:

    • Take notice of the circumstances of the accident, like the time of day, weather and the location;
    • Assess any witnesses to the accident and get their basic details;
    • Get the name and licence of the other driver and exchange your details with them; and
    • Any other relevant details of the accident.

 

Reporting the incident immediately and seeking medical attention right away for any injuries you may have sustained will also ensure all aspects of the incident and your injury are properly documented, giving your claim the best chance of success.

Ensuring you get these details of the incident can help improve the prospects of your claim with the TAC and with an additional common law claim for damages. Contact Gordon Legal today to speak to one of our experienced road accident lawyers who will help you achieve the best possible outcome.

The timeframe for a settlement to be reached in a car accident claim can vary depending on the severity of injuries sustained and the type of claim that is being pursued. Generally, your injuries will need to stabilise and be properly diagnosed by a medical professional so that the TAC can appropriately assess how much you should receive in compensation.

You generally have 12 months from the date of the incident to lodge a claim with the TAC. Beyond this, they may accept claims up to three years from the date of the incident on a discretionary basis. Once lodged, the TAC must either accept or deny the claim, or request further information within 21 days of receiving it. If further information is requested, an additional determination may take another 14 days. As such, statutory claims with the TAC generally take one to two months to be finalised.

For a common law claim for damages, you will have up to six years from the date of injury to lodge a claim with the court through one of our personal injury lawyers. The TAC may only hear claims beyond this six-year period where they decide not to enforce it, in certain and often exceptional circumstances. According to the TAC, common law claims on average take roughly 12 months to resolve, with more straightforward claims being less than this, and more complex claims taking up to two years to be finalised.

Being in a road accident is a traumatic experience, and seeking compensation from the Transport Accident Commission can be a difficult process to navigate once the dust has settled. At Gordon Legal, our specialised road accident lawyers are here to help your claim at every stage of the process. A car or road accident lawyer can help you to construct a strong personal injury claim for compensation that can alleviate the financial burdens involved in your recovery.

To lodge a statutory claim with the TAC, there is not a requirement to have a lawyer guide you with this process. However, the complexities of legislation and Insurance procedure relevant to this area can make an already stressful situation more so. Having an experienced TAC lawyer on your side can make this process more straightforward and help you to achieve the best possible outcome. For common law claims, you will need an experienced personal injury lawyer to lodge a serious injury claim for damages on your behalf.

It is important to choose a lawyer or law firm that has experience in handling personal injury and TAC claims, and who can provide you with clear and appropriate advice and representation. At Gordon Legal, our road accident lawyers have a wealth of experience in advocating for our clients and obtaining positive outcomes for them.

You can contact Gordon Legal today on (03) 9603 3000 for a free consultation with one of our experienced road accident lawyers.

You might like to ask your lawyer a number of things before you lodge your TAC claim, such as:

  • what are the maximum costs that I might incur in lodging a TAC claim?
  • are there any essential timeframes I need to be aware of?
  • What sorts of expenses might my claim seek to cover?
  • Will I have to go to court?
  • What if the other driver doesn’t have insurance?
  • How much can I expect to receive in compensation if my claim settles?

All of these questions can be answered by one of our experienced road accident lawyers. Call (03) 9603 3000 for a free consultation today.

Your compensation claim will be calculated in different ways depending on the nature of your claim.

If you bring a statutory TAC claim, you may receive back the costs of all reasonable medical expenses, services to help you while you recover from your injury, income support if you can’t work as a result of your injuries and return to work support for you and your employer.

If you are bringing a common law claim for damages, your compensation will be calculated a bit differently. Depending on the level of your injury and how severely it has impacted your personal and professional life, you will be eligible to receive compensation for both past and/or future earnings as well as compensation for your pain and suffering.

If you have been involved in a car accident, it is best to get in touch with a lawyer as soon as possible to ensure you are aware of your rights and obligations under the TAC claim application process. Most experienced personal injury law firms will have an initial discussion with you about this free of charge, and doing this at the earliest stage will ensure you make appropriate records of the incident and comply with the strict timeframes that can apply when lodging a claim with the TAC.

If the TAC rejects your claim, it will be beneficial to contact a lawyer to guide you through the dispute resolution process. You will have 12 months from when you received the decision in writing to formally challenge it, and this will likely involve the gathering of evidence and supporting documentation to bring a viable case forward that invokes the commission’s reconsideration of your claim. If the dispute resolution process is unsuccessful, you and your lawyer may lodge a claim with the Victorian Civil and Administrative Tribunal.

Finding a solicitor with a strong reputation for delivering positive outcomes for their clients will be essential. If you find someone who can do this, is trustworthy and has experience in the world of personal injury and TAC compensation claims, you will have found the right lawyer for you.

At Gordon Legal, we have a variety of experienced and capable personal injury lawyers who are ready to assist you in getting the most out of your claim. Call us today on (03) 9603 3000 for a free, no obligation phone consultation with one of our lawyers.

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