Vehicle Accident Claims in Victoria: A Guide

This article answers several common questions about the road accident compensation process in Victoria, including whether you need a lawyer, what evidence to collect, how long claims typically take, and what to do if your claim is rejected.

Have you recently been involved in a motor vehicle accident on Victorian roads and been injured as a result? If you’ve been injured on the road, understanding how to lodge a successful claim with the Transport Accident Commission (TAC) is essential. Gordon Legal’s committed road accident team is ready to help you secure the compensation you deserve. Contact our expert team on (03) 9603 3000 or by completing an online enquiry form to receive no-win, no-fee advice today!

Do I need a lawyer to file a car accident claim in Australia?

You do not need a lawyer to lodge a claim with the TAC.  However, having an experienced personal injury lawyer, especially if you’ve suffered a serious and permanent injury, can make a significant difference. While you do not need a lawyer to lodge your compensation claim, you will need one to progress an impairment benefit claim and a common law claim for damages. Our experienced motor vehicle accident team is ready to help manage these claims on your behalf, so your personal injury compensation is maximised.

At Gordon Legal, our road accident team operates on a no-win, no-fee basis. This means you won’t be charged any legal fees unless your compensation claim succeeds. Therefore, if you’ve been involved in a road accident, we urge you to get in touch with our team today to arrange a free appointment.

If you:

• Have suffered severe injuries as the result of a motor vehicle accident.
• Have been denied benefits or compensation by the TAC.
• Are unsure of your rights under Victoria law.
• Need assistance negotiating lump sum compensation.

Our team is ready to listen and advise you on your best course of action. Contact us on (03) 9603 3000 today!

What evidence should I gather for my car accident claim?

Collecting strong evidence can be crucial for a successful car accident compensation claim. Following your accident, you should try and collect the following:

• The details of the TAC claim you have lodged. This includes the date of lodgement and the claim number provided.
• A police report. You should also keep the report’s number on hand.
• Medical records that detail the injuries you’ve suffered and treatment you’ve received.
• The contact information of any witnesses you may have seen the accident occur.
• Photographs of the accident scene and any damage caused by the crash.
• The accident details, including the location, time and date of the crash.

By collecting evidence such as this before lodging your TAC claim, you will be strengthening the viability of your claim and improving your chances of maximising your compensation. If you are confused about how to collect any of this evidence, reach out to a member of our legal team on (03) 9603 3000, who are ready to provide instant advice today!

What common mistakes should I avoid when filing a motor vehicle accident claim?

There are several common mistakes you should avoid when lodging your accident claim. They include:

• Delaying the lodging of your claim. The TAC requires that claims be brought to them within 12 months of the accident. However, they have the discretion to accept claims up to three years after the accident.
• Avoiding seeking medical treatment. It is crucial that, if necessary, you visit your GP or the hospital as soon as possible following the accident. This is because compensation claims often rely on accurate medical records to prove the extent of your injuries.
• Accepting lump sum compensation without seeking legal advice. The TAC may attempt to offer lump sum compensation that’s below what you could be entitled to.
• Attempting to manage your claim alone. A personal injury lawyer can help manage your claim and ensure it is filed correctly.

Gordon Legal’s experienced car accident team is ready to assess your claim, advise you on your legal options, and manage your claim to avoid these common mistakes. Contact us on (03) 9603 3000 or by completing an online enquiry form to begin your compensation claim today!

How long does it take to settle a car accident claim in Australia?

The time it takes to resolve a car accident injury claim depends on the complexity of your matter and the type of claim you are pursuing.

• The TAC will typically accept or deny your initial claim within a month of receiving it. These payments will usually be designed to assist with your medical expenses, rehabilitation costs and loss of income support.
• An impairment benefit claim for lump sum compensation through the TAC can take up to 18 months to resolve. However, this timeframe varies significantly depending on the severity and complexity of your injuries.
• If a common law claim for damages is pursued, a settlement is usually reached within 12 months. However, this timeframe varies depending on the complexity of your claim.

Our no-win, no-fee lawyers can help you understand these processes and how long each stage may take to resolve. If you have further questions about how these systems operate, we recommend reaching out to our expert team as soon as possible.

What should I do if my car accident claim is rejected?

The TAC may reject your claim for various reasons, including insufficient evidence or that the injuries you suffered were unrelated to the car accident. If this occurs, you have the option to:

• Request an internal review. This informal review can be requested within 28 days of receiving the TAC’s initial decision.
• If you are still unsatisfied with the result of this decision, you can apply for a review of the decision through the Victorian Civil and Administrative Tribunal. VCAT has the power to review and reconsider TAC decisions.

These requests involve strict time limitations, so it is important to receive legal advice from an experienced road accident lawyer if you have any questions about these review processes.

If you’ve suffered from an injury on the road, contacting an expert road accident lawyer is crucial. Our motor vehicle accident team is ready to advise you on the best course of action and help manage your claim so you can receive the maximum compensation you are entitled to. Contact Gordon Legal on (03) 9603 3000 or by completing an online enquiry form to speak with our legal team today!