Claim for Car Accident Guide

The Transport Accident Commission or TAC is an institution that allows individuals to make car accident claims and access compensation for injuries because of a car accident. Understanding how to access compensation through a TAC personal injury claim can be daunting and confusing, making the need for a road accident lawyer extremely important.

Gordon Legal’s team of car accident injury lawyers have expertise in assisting those injured in car, train, tram, bus, motorcycle, or bicycle accidents. We understand that the injury claim process is complex and distressing, which is why our team is dedicated to simplifying the injury settlement process, and provide valuable legal advice for road accidents.

If you or someone else has been injured in a motor accident and looking to claim for car accident, contact our no win no fee injury lawyers on 03 9603 3000.

Are there any time limits for filing a car accident injury claim?

When lodging a TAC claim to access compensation for motor accident injuries, it is important to be conscious of the time limitations that apply. It is a general rule that an individual has within 12 months of their vehicle accident to lodge a TAC claim.

However, there are some exceptions. The TAC has a discretion to accept a TAC claim within 3 years of the motor accident. This means that depending on your circumstances, the TAC may still accept your personal injury claim. Additionally, if you incurred a motor accident injury as a child, you have until the age of 21 to make a TAC claim.

If you are outside the time limit to lodge a TAC claim, Gordon Legal’s team of car accident injury lawyers, may be able to assist you in lodging a common law claim. This involves commencing action against the negligent party of the motor accident who was at fault. A common law claim may entitle you to further compensation for injuries. The time limit to commence a common law claim is 6 years from the date of injury.

Further information on how to lodge a claim with the TAC can be found here.

Contact us on 03 9603 3000 to arrange a time to speak with an experienced car accident lawyer.

What documents do I need for a car accident claim in Australia?

Before making a car accident claim, it is important to gather the relevant documentation to give you the best chance possible in receiving compensation for injuries. The required documentation can be broken down into three categories:

Accident Documentation

• Date, location and circumstances of accident
• Registration numbers and details of vehicles involved.
• A police report and police report number
  – A police report is written by a police officer which summarises the details of the accident.
• For public transport accidents only, the incident report number and date incident were reported.

Injury/Medical Documentation

Details of the injuries incurred from the vehicle crash which can include:

• Medical certificate
• Letter from doctor
• Hospital discharge summary
• A certificate of capacity.

Financial Documentation

• Information regarding income and state of employment
• Bank details.

A police report and medical documentation are particularly important in allowing our team of accident compensation lawyers to assist you. This ensures that you will be entitled to the highest level of compensation available to you, whilst being supported by our team’s comprehensive legal advice every step of the way.

To get in touch with one of our experienced car accident injury lawyers, contact Gordon Legal on 03 9603 3000. Alternatively visit our website to make an online enquiry.

How do I prove liability in a car accident claim?

In some circumstances, liability is not a necessity to prove as some compensation through the TAC can be accessed on a no-fault basis. This means that anyone involved in a car accident – who hasn’t been charged with a criminal offence – has access to injury settlement in Australia.

After your TAC claim has been accepted, the no fault benefits mean that you can be entitled to compensation for medical expenses, income, or lump sum impairment benefit for serious injuries.

However, if you are wanting to lodge a common law claim against the negligent party in a car accident, liability must be proven. Identifying who is at fault can be easier in some situations, and more difficult in others. An obligation free appointment with one of our no win no fee injury lawyers can provide more clarity on how liability is proven in car crash claims.

Before your appointment, you may observe several factors that can assist you in determining who is liable in a car accident claim:

• Who collided with whom
• What happened during the accident
• How the accident occurred
• Whether anyone violated traffic laws.
• Whether someone’s negligent action directly resulted in an injury of another.

To further assist you in how liability is determined and whether accessing damages via a common law personal injury claim is right for you, contact us on 03 9603 3000

What if I wasn’t injured in the car accident but my vehicle was damaged?

Gordon Legal’s dedicated team of car accident lawyers can assist you in navigating the entire nature of a car accident claim. To determine whether it is a good idea to pursue a traffic accident claim, the following can be considered:

• The extent of injuries – physical and psychological
• Liability – whether one party is at fault
• Property damage – involves the cost of repairing the damaged vehicle.
• Reduced income – loss of wages/income.

There is a high possibility that the occurrence of a car accident injury will subsequently result in a damaged vehicle. Gordon Legal can assist with your personal injury claim whilst also providing you with further information regarding how to lodge a property damage claim.

If you have not been injured, but your vehicle was damaged, contact our office on 03 9603 3000. We can provide you with some useful referrals and resources to assist you in navigating the insurance claim process, and in making a property damage claim.

Can I claim for emotional distress after a car accident?

Experiencing a car accident can be extremely traumatic and not only cause physical, but psychological injury as well. It is possible for individuals to make a personal injury claim on the basis of emotional distress after a car accident.

Emotional distress refers to the psychological impact caused by an accident, which may result in psychological injuries such as PTSD, anxiety, depression, and more.

If you are suffering psychologically from having been in a car accident, it is important to seek assistance from one of our road accident lawyers as soon as possible, to access compensation for the pain and suffering incurred.

Emotional distress can be demonstrated by:

• Having a diagnosable mental health condition that directly resulted from the car accident
• The emotional distress is having a significant impact on your day-to-day life and is impairing your work/personal life.
• Medical records and psychological evaluations conducted by a medical professional.

If you or anyone else is suffering with emotional distress after a car accident, contact us on 130 584 626. Our team of transport and accident compensation lawyers are here to assist and support you in your recovery.