Overview
If you have been injured in a motor vehicle accident (this can include public transport as well as a private vehicle), whether that be as a driver or passenger, you have valuable compensation rights.
It is most important that you lodge a claim with TAC, even if you think your injuries are minor. If you recover quickly, that is great, but if you don’t then there are a range of benefits which you can access, as set out below.
In order to lodge a TAC claim, you must:
- Complete a TAC claim form – you can either do this online through TAC’s website or even call their Toll Free number 1800 332 556 and lodge a claim by phone;
- Obtain a TAC Medical Certificate which either a hospital or your local doctor can complete and give to you;
- Report the accident to the Police – even if it is your fault or is no one’s fault.
It is important to know that there is a 12 month time limit to lodge a TAC claim. If it is more than 12 months, an extension can be obtained if there are good reasons for doing so for up to a further 2 years, ie. 3 years from the date of the accident. After 3 years it is not possible to lodge a claim.
If your TAC claim is rejected, we can give you advice about lodging an appeal.
We provide assistance to clients with lodging claims, dealing with the rejection of claims and advising people about their entitlements, including pursuing claims for lump sum compensation. We can assist you with all these claims on a “no win, no fee” basis.
Some of the benefits are set out below.
Loss of Earning Benefits
The TAC pays these benefits at the rate of 80% of your pre-injury earnings if you have a total incapacity for work and at a lesser rate if you have a partial incapacity for work where you have some work capacity but have not returned to your pre-accident employment. These benefits are payable for 18 months only.
Loss of Earning Capacity Benefits
Where after 18 months from the date of the accident a person still suffers some loss of earning capacity, whether that be total or partial, additional benefits are payable, which are based upon the person’s pre-accident earning capacity. These benefits are payable for an additional 18 months on top of the initial 18 months payments for loss of earnings.
If you have been assessed as having a degree of whole person impairment of 50% or more, then these benefits can continue until retirement age. This is however rare and involves very serious and often catastrophic permanent injuries.
Medical, Rehabilitation, Hospital and Like Expenses
TAC pays for a very broad range of expenses which include ordinary medical and medication expenses, including hospital and related expenses, and a wide range of services from allied health professionals such as physiotherapy, osteopathy, chiropractic, acupuncture, and hydrotherapy.
These services also include other related expenses such as rehabilitation aids and training, assistance with returning to work, travelling expenses for attending medical treatment and medical appointments arranged by TAC, and expenses such as home help assistance costs and gardening and house maintenance costs.
You are also entitled to claim nursing and child care expenses in some circumstances in the first 5 years after the accident. Initial ambulance and hospital expenses immediately after the accident are paid by TAC, without condition.
Lump Sum Compensation - Impairment Benefits
These are no fault benefits that are payable where a person is assessed as having a degree of impairment of the whole person of more than 10% when assessed in accordance with specific guides known as the AMA Guides.
Your impairment however cannot be assessed until the injuries have stabilised or at least 18 months has elapsed since the accident, whichever is the later. Such benefits cannot be paid for minors (children under 18 years of age) until they reach the age of 18.
Assessment of impairment can include a very wide range of injuries including physical injuries, mental psychological (eg. anxiety, depression, etc.) neurological injuries (nerve and brain damage) and generally where any normal function of the body is impaired by an injury received in the accident.
We can help you prepare and lodge this claim.
Common Law Damages
These are very substantial compensation benefits and are only payable in a limited number of cases where a person must first qualify as having “serious injury” as defined in the transport Accident Act 1986.
This is defined as meaning a degree of whole person impairment of at least 30% or a “serious long term impairment or loss of a body function”. Serious injury, again, can only be assessed after a person’s injuries have stabilised or 18 months have elapsed since the accident, whichever is the later.
Then, in order to be successful with the action, the person must also show that the accident was caused by the fault or negligence of another party involved in the collision (eg. another driver).
If this claim is successful, damages payable include general damages for injuries, pain and suffering and loss of enjoyment of life and financial loss damages for loss of earnings and loss of earning capacity. Such damages are usually very substantial.
There are a number of other less common benefits, which are payable in limited circumstances for example in cases of death of a person in an accident, and we can provide you with specific advice in relation these and other benefits.
What happens if TAC rejects a claim for benefits or terminates or reduces my benefits?
It is important that you are aware that from time to time, TAC will review your entitlement to ongoing compensation benefits. TAC may seek to decrease, restrict or even terminate payment of some or all of your benefits or they may reject a request for approval of treatment or services made by you or one of your doctors.. You are entitled to appeal against any such decision and such an appeal must be lodged in writing within 12 months of the date of TAC’s decision. Again, we can advise you on the merits of any such appeal and can proceed with an appeal on your behalf, again on a “no win, no fee” basis. Initially appeals are a less formal process under agreed protocols but if the dispute can’t be resolved there, you can go to VCAT.
NOTICE:This information is of a general nature and is not to be regarded as legal advice.
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