Car Accident Lawyer advises on what to do after a car accident fault or no fault

By Anastasia Eleftheriou, Principal Lawyer and Accredited Specialist, Personal Injury Law

If you have been injured in a car accident, regardless of who is at fault, you are entitled to compensation. Our Car Accident Lawyer advises on next steps if you have been in a car accident, and what to do if you are or are not at fault.

Can I get compensation for a car accident?

If you’ve been injured on the road you could be entitled to car accident compensation, no matter who’s at fault. Your claim will depend on the jurisdiction of the state or territory in which the accident occurred.

What if I don’t have insurance - can I still get compensation?

If you are in an unregistered or uninsured vehicle on private land, the TAC is unable to pay compensation.

If you don’t have comprehensive car insurance, you will not be covered for property damage to your own vehicle; however, if the other driver is at fault for the motor vehicle accident, you can claim compensation.

How long after a car accident can you claim in Australia?

In Victoria, if you have suffered an injury on the road, you have a strict 12 months from the date of the accident to lodge a claim with the TAC. The TAC has the discretion to accept a claim within three years after the car accident.

In Victoria, any person who has suffered an injury on the road has a strict six-year time limit to pursue a lump sum claim. The lump sum claim can be in the form of an impairment claim or a claim for negligence for pain and suffering and economic loss.

What should I do in a car accident if I am not at fault?

For the most efficient and streamlined process of submitting a claim, ensure that you follow these steps as closely as possible:

  • Take down as many details as possible of all parties, including names and addresses
  • Take photographs of the damaged vehicles
  • Report the accident to the police
  • Seek medical treatment as soon as possible for any injuries
  • Lodge a claim with the TAC – if possible, please lodge online to help reduce the number of phone calls to the TAC at this time
Can I still claim if the accident was my fault?

Regardless of who was at fault for the accident, the TAC can cover you under their “no fault scheme” with various entitlements including medical and like expenses, loss of income payments and a lump sum claim called an impairment benefit claim.

What do I do if my TAC Claim has been accepted?

You will hear whether your claim has been accepted or rejected within 21 days.

If your claim is accepted, this will be confirmed in writing from the TAC. You will receive a claim number and other important information.

Contact the TAC if any information you receive is incorrect, then complete and return the authority to release information form within 14 days. You should also download MyTAC to manage your information.

Make an appointment with your doctor or speak to your hospital about your treating options, and provide your TAC claim number so that the TAC can be billed for your visit.

You may be contacted by SMS or phone by the TAC to complete a short survey.

What do I do if my TAC Claim has been rejected?

If your claim is rejected, you should check with Medicare or your private health insurer about whether your medical expenses can be reimbursed. You can also talk to Centrelink about whether you can access financial help.

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 (03) 9603 3000 or our Geelong office on (03) 5225 1600 to speak with a member of our team.

Given the current environment, we are providing consultations over the phone or via video conferencing platforms.

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