TAC CLAIMS IN VICTORIA
The TAC (Transport Accident Commission) is a Government owned organisation that
was set up in 1987 to pay for treatment and benefits for people injured in transport
accidents (including cars, motorcycles, trains, trams and buses).
The scheme is a “no fault” system which means that the following benefits will be
paid to an injured person, or their beneficiaries, regardless of the cause of the
accident.
- medical and like expenses
- payment for being unable to work
- dependency benefits for dependants of deceased persons
- lump sum impairment benefits
To be entitled to a lump sum impairment benefit the level of whole person impairment
must be determined to be 11% or more.
It is imperative that a claim be lodged with the TAC within twelve months of the
date of the accident or the date that your injury first manifests itself. This can
be extended if it is lodged within three years but is much more difficult to have
accepted after twelve months.
Common Law Claims
If another party was to blame at least in part for the accident you may also be
able to make a common law claim for compensation. This compensation is for (a) pain
and suffering, and loss of enjoyment of life; and (b) loss of earnings and earning
capacity. You may only make a common law claim if you are assessed as having a “serious
injury”. This depends upon the permanent consequences that the injuries have on
the injured person’s life. You are deemed to have a “serious injury” if you have
a whole person impairment of 30% or more.
It is important that you seek legal advice from a specialist injury lawyer to ensure
that your entitlement benefits are correctly assessed by the TAC and you receive
the compensation you are entitled to.
Challenge to TAC decision
If you have made a claim against the TAC and do not like a decision that was made
by the TAC you may be able to successfully challenge that decision. There are strict
time limits on this procedure so you must seek advice as soon as possible.
No Win, No Fee
In most instances we are able to offer you a “no win, no fee” arrangement and this
will be discussed with you at the first consultation.
This article contains general information only and is not provided as legal advice.
Professional advice should be taken before any course of action is pursued, or any
information here is relied upon.
For advice about injury law matters contact Harry Gill, Jeremy King, Jodie Gerritsen,
Henri Kauthen or Danielle Meyer on 9890 3321.
CHALLENGING DECISIONS OF THE TAC
In the past, it was often difficult for claimants to challenge decisions of the
TAC, particularly those in respect of their entitlements to loss of earnings and
medical and like expenses.
You have 12 months to challenge any decision of the TAC. We ask that you contact
us as soon as possible after a TAC decision.
Some examples of frequently challenged decisions of the TAC include:
- Decisions regarding the amount of weekly compensation Claimants are entitled to.
- Decisions regarding the amount of medical treatment the TAC will pay for. This includes a wide range of areas including dental treatment, osteopathic treatment , chiropractic treatment and in some cases home and/or car modification.
- Decisions regarding the amount of funding the TAC will contribute towards home help and other expenses.
In particular, the TAC often refuses to cover the entire amount of a Claimant's
medical treatment. The TAC has a schedule of fees which they use to justify how
much they will contribute towards a Claimant's medical treatment. However, the TAC
is not legally entitled to limit funding to their schedule. The law states that
the TAC has to cover medical treatment which is "reasonable". Provided a Claimant's
medical practitioner states the cost of the treatment is "reasonable", the Claimant
should be entitled to have the complete amount of that medical treatment covered
by the TAC.
In order to ensure that you receive the maximum amount of entitlements from the
TAC, Claimants will usually require legal assistance.
Under these new protocols, the TAC will pay some or all of the Claimant’s legal
costs if they are successful in challenging the TAC decision.
Consequently, it has become more economically viable for Claimants to utilise lawyers
to challenge decisions of the TAC which in the past would have simply been too expensive.
Under the protocols, we can challenge decisions of the TAC on your behalf and often
will only charge you legal costs recoverable from the TAC. This means that even
the smallest decisions, which can often have a significant impact on your life,
can be effectively challenged. By utilising our services and the new protocols,
we can ensure you receive your maximum entitlements.
This article contains general information only and is not provided as legal advice.
Professional advice should be taken before any course of action is pursued, or any
information here is relied upon.
For advice about challenging decisions of the TAC contact Harry Gill, Jodie Gerritsen,
Henri Kauthen or Jeremy King on 9890 3321.
TRANSPORT ACCIDENTS – FAQs
What can I do if I am injured in a car accident?
Q. What must I do first?
A. You must lodge a Transport Accident Commission Claim Form within one year from
the date of the accident or the date when the injury first became apparent. In certain
circumstances, this time can be extended.
Q. What legal benefits can I claim?
A. You can claim benefits for medical expenses, loss of earnings and impairment
benefits, and you are able to sue a negligent person for damages.
Q. What kind of medical expenses can I claim?
A. Subject to an excess, you can claim the reasonable costs of medical, hospital,
nursing, rehabilitation and ambulance services, physiotherapy and chiropractic expenses,
as well as other similar expenses.
Q. How much can I claim for loss of earnings?
A. Subject to maximum and minimum allowances, you can claim 80% of your pre-accident
weekly earnings. These amounts can be claimed for three years. In some instances,
you can claim loss of earnings until retirement age.
Q. What are impairment benefits?
A. Your degree of impairment is assessed by reference to a number of doctors,
and depends on the severity of your injury. If you have an impairment of 11% or
more, you can claim lump sum benefits for your impairment.
Q. What if the accident was my fault?
A. The above benefits are payable regardless of fault.
Q. What if I do not agree with a Transport Accident Commission decision?
A. You should contact your lawyer about this as soon possible as TAC usually
pays the entirety of your legal costs.
Q. Can I sue the other driver for damages?
A. In some instances, you can sue for damages (compensation) provided that your
injuries were caused by someone else's fault. The Transport Accident Commission
will pay the damages. Substantial damages are allowed for pain and suffering and
loss of enjoyment of life, as well as for loss of earnings.
This article contains general information only and is not provided as legal advice.
Professional advice should be taken before any course of action is pursued, or any
information here is relied upon.
For advice about TAC claims contact Harry Gill on 9890 3321.
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