Road accident

Injured on the road?

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, bus or as a cyclist, motorcyclist or a pedestrian. The TAC also pays compensation if someone dies as a result of a road accident.

What kind of compensation you may be 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:

  1. Report the accident to the police or public transport operator
  2. Obtain the details of the other driver
  3. Obtain the details of any witnesses
  4. Take photographs of the damage to all vehicles involved in the accident on your smart phone
  5. Take photographs on your smartphone of your location, the resting position of all vehicles involved in the accident and your surrounds
  6. Contact the TAC to lodge a claim for any injuries you have sustained in the accident
  7. Make a free appointment with one of our TAC lawyers so you get expert advice on what your entitlements are – obligation free.

For us every case is personal.

Your lawyer will help you with advice regarding your rights and entitlements. We will prepare your case, you will be kept up to date on the progress of your claim and we will secure you the best possible compensation as quickly as possible.

What if you have lost income?

If you can’t work as a result of the injuries you suffered in an accident, you may be entitled to loss of income payments from the TAC. It is worth noting the TAC does not pay for the first 5 days you are off work. You should claim personal leave for this period. After the first 5 days, they pay 80% of your pre injury earnings, capped at a maximum amount.

Loss of income payments are usually paid for the first 18 months to a wage earner, if you are unable to work as a result of the injuries from an accident. After this, you may be eligible for further loss of earning capacity benefits.

To claim loss of income benefits, you will need a TAC Certificate of Capacity from your doctor.

In deciding whether you are entitled to loss of income payments, the TAC will generally look at your employment history and income over the last two years.

Other common types of claims include:

  • Lump Sum Impairment Claim
  • Common Law/Negligence Claim
  • Death/Dependency Claims.

Time limits on claims:

  • The law requires you to lodge a claim strictly within 12 months from the date of your accident.
  • If your claim is lodged outside the 12-month period, the TAC has a discretion to consider your claim if it is lodged within 3 years.
  • To pursue a lump sum claim for an impairment benefit, you only have 6 years from the date of your accident.
  • To pursue a lump sum claim for a Common Law claim you only have 6 years from the date of your accident.
  • If you receive an adverse decision from the TAC that you do not agree with you have 12 months to appeal the decision.
  • Examples of an adverse decision include, the denial of your claim, denial or cessation of your entitlements to medical and related expenses or income benefits, the rate or frequency of payments and the level of impairment determined.

To obtain legal advice specific to your individual case and circumstances, contact Gordon Legal on
1800 21 22 23.

If you want more information on the TAC visit: www.tac.vic.gov.au  

Road accident experts

Janine Gregory
Janine Gregory
Head of Personal Injury Law
Janine Gregory
Head of Personal Injury Law

Janine is a leading plaintiff personal injury lawyer and an accredited specialist in personal injury law, with extensive experience acting for people injured in transport accidents.

She has been voted as a leading and recommended motor vehicle accident compensation Lawyer in Doyle’s Guide.

She is passionate about advocating for improvements to legal practice and process on behalf of injured people and has considerable experience in management and leadership of personal injury law across Australia.

Jenny Forti
Jenny Forti
Principal Lawyer
Jenny Forti
Principal Lawyer

Jenny is an accredited specialist in personal injury law. She is dedicated to representing injured people in their fight to access compensation.

Jenny is committed to upholding the values of the union movement and applies her legal skills to the wider community through her role as a volunteer lawyer at the Western Community Legal Centre, West Justice.

Anastasia Eleftheriou
Anastasia Eleftheriou
Principal Lawyer
Anastasia Eleftheriou
Principal Lawyer

Anastasia is an accredited specialist in personal injury law. She has 10 years’ experience in Workers’ Compensation fighting for the rights of injured workers against large companies and insurers. She has also acted for people injured in motor vehicle accidents as well as in public and private premises.
 
Anastasia has served as a committee member of the Victorian Branch for the Australian Lawyers Alliance.

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