Of the more than 527,000 people who are hospitalised every year due to injury, over 62,000 are hospitalised as a result of transport accidents.
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How Can I Make a TAC Claim?
To lodge a claim with the Transport Accident Commission (TAC), your accident must be legally classed as a ‘transport accident’ (an incident arising out of the driving of a motor vehicle, car, tram or train).
For your claim to be accepted, the TAC requires the transport accident to have been reported to the police, train operator, and/or tram operator. The easiest way to claim is to contact the TAC on 1300 654 329 and complete a claim document over the phone, which the TAC will then send through to you.
A claim for injury compensation must be lodged within 12 months of the date of the transport accident.
WHEN SHOULD I HIRE A CAR ACCIDENT LAWYER?
Once you’ve received your TAC claim document, it’s a good idea to contact an experienced car accident lawyer. They’ll help you review your claim to make sure the details are correct, provide advice, and help prove your claim to the TAC.
Can I Make a TAC Claim If the Accident Was My Fault?
Unlike other claims that require you to prove negligence, injuries from transport accidents are covered by a no-fault compensation scheme. This means you’re entitled to benefits no matter who was responsible for the accident.
The benefits you could be entitled to are:
- Medical costs for injuries caused by the accident, including past and future treatment
- Compensation for loss of earnings due to a long break in job or an inability to work any more
- Costs for psychological health issues and treatment
- Material damages
If the accident caused a fatality, the dependents of the deceased person can claim funeral costs and loss of support (if the deceased individual was the family’s principal breadwinner).
Documents to Support Your Claim
You need a number of documents to lodge a claim, including:
- A medical report from a doctor that describes the injuries arising from the accident and the required treatments
- An estimate of future required medical costs
- Invoices and receipts of medical treatment received by you
- Financial records proving your loss of earnings or inability to perform your job temporarily or permanently
- Police reports lodged by the parties involved in the accident
- A report stating any post-traumatic stress disorder or other psychological issue arising from the accident
- The value of the material damage you have suffered as determined by an accredited insurance loss assessor
Factors Reducing the Strength of Your Claim
The strength of your claim to benefits might be reduced if:
- Either you or passengers involved in the accident were not wearing a seatbelt.
- You were under the influence of alcohol or drugs.
- You performed certain actions that caused you to be distracted while driving, such as texting while operating the vehicle.
- You were not driving the vehicle in a secure way, which may have exacerbated the risk of an accident.
- You were not wearing a helmet whilst riding a motorbike or bicycle.
- As a passenger, you were aware that the driver had consumed alcohol or drugs before driving/riding the vehicle on the road.
The TAC has also rejected claims for the following reasons:
- The injury/accident was unrelated to the transport accident.
- The injury/condition existed prior to the accident, or the accident did not make it worse.
- The vehicle involved in the accident was not registered.
- The injured individual was the owner of an uninsured vehicle that was involved in an accident on private land.
- The injury was the result of a motorsports accident, for example, a speed test or an organised race.
Talk To Us Today
Proving a claim yourself isn’t easy. Our experienced TAC lawyers in Melbourne can help you by assessing the merits of your claim and making recommendations.
If we find your claim to be viable, we’ll file an application and get to work building your case. This will include arranging written opinions from specialists around such issues as diagnosis, prognosis, work capacity and vocational capacity.
To give you the best chance of winning a competitive amount in damages for your injury, contact an experienced motor vehicle accident lawyer today.
