Injury

Motor Vehicle Accidents

We Help...

When you have suffered a motor vehicle accident, the process of making a claim can often be stressful and complicated. Our team of Injury Law Accredited Specialists will work with you to ease the burden of making a TAC claim and help you on the road to recovery:

  • We acknowledge that every client’s circumstances are unique and we tailor our approach based on your individual needs.
  • We help you with payment of wages and access to medical services. Our team will work collaboratively with you and your medical team to make things right and get you moving again.
  • We handle all the paperwork and problems and work with you to ensure that all issues are resolved as quickly as possible so that you can focus on recovery.
  • We offer client advocacy and case coordination to help you with access to services and funding within the community.
  • We will facilitate referrals to the most appropriate professionals best suited to your needs and will support you to attend medical appointments and other assessments.
  • We provide a holistic assessment of your needs and provide you with options for the future to ensure that you can move forward with confidence.

We Understand...

Ensuring that you have a lawyer that is experienced yet understanding, compassionate and accessible is important to every client. At Robinson Gill, we understand that seeking legal assistance can be a difficult decision. Our team is dedicated to ensuring that you feel supported at all stages of the legal process and will work with you to obtain the best possible outcome.

  • We understand that a motor vehicle accident will impact your life in many ways and that your needs may change as your circumstances do. Our team is committed to providing a flexible and adaptive approach which will ensure that your ongoing needs are met throughout the claims process.
  • We appreciate that many clients find the TAC system difficult to understand and navigate. Our lawyers will remove this complexity by providing you with information relating to your circumstances that is simple and easy to understand so that you can make informed decisions with confidence.
  • We understand that it is important that you are kept up to date with the progress of your matter. Our lawyers will provide you with regular updates and remain accessible to you throughout your claim as part of our commitment to ensuring a client centred service.
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We Do...

GUIDING YOU THROUGH THE TAC

When you are injured, you need a lawyer who is available, sensitive and focussed on getting you moving again. Fighting for the best results for our clients is a given. Taking a holistic approach to ensure that you are cared for before, during and after your matter is settled is what sets us apart from the others.

A motor vehicle accident means an incident involving the use or operation of a motor vehicle which causes injury or death to a person. This includes injuries that result from:

  1. The driving of a vehicle;
  2. A collision, or action taken to avoid a collision, with a vehicle;
  3. The vehicle’s running out of control;
  4. A dangerous situation caused by the driving of a vehicle.

The Victorian Motor Vehicle Accident compensation scheme is governed by the Transport Accident Act 1986 and is managed by the Transport Accident Commission (TAC). The TAC scheme provides payment for a range of treatments and benefits to people who sustain injury or illness as a result of a motor vehicle accident.

The term ‘motor vehicle’ is not limited to cars or trucks but also includes motor bikes, trams, trains, buses, dune buggies and tractors.


ENSURE THAT YOU RECEIVE ALL ENTITLEMENTS

If you have been injured in a motor vehicle accident, you should lodge a claim with the TAC. Family members of the injured person or witnesses to the accident may also be eligible to make a TAC claim if they have sustained a psychological injury as a result of the motor vehicle accident.

All TAC claims should be lodged within 12 months of the date of the accident. The TAC may accept a claim up to three years from the date of accident. If you are under 18 at the date of the motor vehicle accident, you have 12 months from the date of your 18th birthday to lodge a claim. The TAC has 21 days from the date it receives your claim to accept or reject it.

A person has 12 months from the date of receiving any TAC decision to lodge a dispute application. This may include the TAC decision to reject your claim or provide payment for medical treatment or rehabilitation. If the matter cannot be resolved with the TAC then you have three months to lodge an Application for Review at the Victorian Civil and Administrative Tribunal (VCAT). You should seek legal advice if you have received a decision from the TAC which you disagree with.


NO-FAULT BENEFITS

No-fault benefits are payable to the injured person regardless of how the accident occurred irrespective of whether the person was at fault for the accident or not. They include payment of medical and related expenses; weekly payments of compensation; and impairment benefit.

Medical and related expenses

This includes payment for all ‘reasonable’ medical and related expenses, including rehabilitation expenses, for treatment a person receives for accident related injuries. Medical benefits continue for as long as the person needs treatment for their accident related injuries. They do not cease due to legal proceedings. Examples of medical benefits covered by the TAC include:

  • Ambulance and hospital services
  • Medical consultations including GP and specialist appointments and nursing services
  • Pharmaceuticals and pain management
  • Allied Health Therapies such as Physiotherapy, Occupational Therapy, Speech Pathology, Psychology and Counselling, Podiatry treatment
  • Home and Community Care services such as home cleaning and garden maintenance
  • Childcare services
  • Dental services
  • Equipment and Aids including prosthetics, hearing aids and mobility aids
  • Gym and Hydrotherapy programs
  • Home and vehicle modifications including ramps and shower rails
  • Integration support for school children
  • Travel related expenses including public transport, taxi related charges and personal kilometres travelled in a private vehicle
  • Meal expenses for long distance travel related to medical examinations
  • Respite care for families coping with a severely injured family member

Weekly Payments of Compensation

Providing you have a current Certificate of Capacity from your doctor, you may claim weekly payments of compensation for periods of work incapacity at a rate of 95% of your pre-injury average weekly earnings for the first 13 weeks. After the first 13 weeks, the rate of payment is reduced to 80% of your pre-injury average weekly earnings, generally for a period of up to 130 weeks.

In some instances, you may be able to claim weekly earnings payments beyond 130 weeks providing you can establish that you have no current work capacity and that this is likely to continue indefinitely. Some exceptions do apply and it is important that you seek legal advice to discuss what payments you may be entitled to.

Impairment Benefit

If you have an ongoing physical or psychological impairment you may be entitled to a lump sum payment. To receive compensation you must be assessed at 5% whole person impairment for musculoskeletal conditions, 10% for physical injuries and 30% for psychological injuries. This benefit does not impact upon your entitlement to weekly payments, medical and related expenses, or a common law claim. There is a strict six year time limit to apply for an impairment benefit.


COMMON LAW DAMAGES

Fault based benefits or ‘common law damages’ are payable to the injured person where someone else was at fault for the workplace accident. Damages include compensation for a person’s pain and suffering and loss of enjoyment of life as well as for loss of earnings and loss of earning capacity claimed if there is a demonstrated loss of earning capacity of 40% or more.

They are far more beneficial than an impairment benefit because the damages (compensation) are far more substantial than any impairment benefit generally is. However most, if not all, of the impairment benefit will be deducted from the common law claim.

In addition to someone being at fault for your injuries, to receive common law damages your injuries must also reach an impairment rating of 30% or more or you must have suffered a ‘serious injury’ and your compensable loss must be greater than $50,000.

A common law claim must be brought within six years from the date of the injury. This can only be extended in exceptional circumstances.

You should seek legal advice to discuss these options further.


CLAIMING THROUGH YOUR SUPER FUND

A range of benefits may be provided through your superannuation insurance. Super funds typically have three types of insurance for members:

Either the superannuation fund itself, or its own insurer, will consider the claim and provide a compensation figure. Payment of the benefit is typically as a lump sum or periodic. It is important that you seek legal advice to discuss what payments you may be entitled to.


NO WIN, NO FEE

Our injury law team offers ‘no win, no fee’ in most TAC matters. We offer all our new clients a no cost and obligation free first appointment and would be happy to discuss how we can assist you further during this time.


Our People

Jodie Gerritsen

Accredited Specialist - Injury Law

Harry Gill

Accredited Specialist - Injury Law

Jeremy King

Accredited Specialist - Injury Law

Danielle Meyer

Accredited Specialist - Injury Law

Anna Vadaketh

Injury Law

Merys Williams

Injury Law

Jacinta Richards

Injury Law

Frequently Asked Questions

WHAT IS CONSIDERED A ‘MOTOR VEHICLE’?

The term ‘motor vehicle’ is not limited to cars or trucks but also includes motor bikes, trams, trains, buses, dune buggies and tractors.

WHAT IS CONSIDERED TO BE A ‘MOTOR VEHICLE ACCIDENT’?

A motor vehicle accident means an incident involving the use or operation of a motor vehicle which causes injury or death to a person. This includes injuries that result from: 

  1. The driving of a vehicle;
  2. A collision, or action taken to avoid a collision, with a vehicle;
  3. The vehicle’s running out of control;
  4. A dangerous situation caused by the driving of a vehicle.

WHAT SHOULD I DO IF I HAVE BEEN INJURED IN A MOTOR VEHICLE ACCIDENT?

If you have been injured in a motor vehicle accident, you should lodge a claim with the TAC. Family members of the injured person or witnesses to the accident may also be eligible to make a TAC claim if they have sustained a psychological injury as a result of the motor vehicle accident. 

All TAC claims should be lodged within 12 months of the date of the accident. The TAC may accept a claim up to three years from the date of accident. If you are under 18 at the date of the motor vehicle accident, you have 12 months from the date of your 18th birthday to lodge a claim.  The TAC has 21 days from the date it receives your claim to accept or reject it.

WHAT IF I DISAGREE WITH A DECISION MADE BY THE TAC?

A person has 12 months from the date of receiving any TAC decision to lodge a dispute application. This may include the TAC decision to reject your claim or provide payment for medical treatment or rehabilitation.  If the matter cannot be resolved with the TAC then you have three months to lodge an Application for Review at the Victorian Civil and Administrative Tribunal (VCAT). You should seek legal advice if you have received a decision from the TAC which you disagree with.

WHAT TYPES OF PAYMENTS MIGHT I RECEIVE IF MY TAC CLAIM IS ACCEPTED?

The TAC provides a range of benefits to people who are injured in a motor vehicle accident. These include ‘no-fault’ benefits and ‘common law damages’.

 

WHAT DEATH BENEFITS ARE AVAILABLE IF MY PARTNER OR FAMILY MEMBER DIES IN A MOTOR VEHICLE ACCIDENT?

The TAC provide a range of death benefits including payment for the reasonable cost of counselling services and a contribution towards funeral expenses. The surviving partner or children of the deceased person may also qualify for a lump sum benefit and weekly loss of earnings payments, as well as being able to bring a claim for loss of financial support and/or services if it can be shown that the motor vehicle accident occurred as a result of another person’s fault. Legal proceedings must be commenced within six years from the date of the death. 

CAN I MAKE A CLAIM THROUGH MY SUPER FUND?

A range of benefits may be provided through your superannuation insurance. Super funds typically have three types of insurance for members:

  1. Death cover (also known as life insurance) - Your beneficiaries receive a benefit if you die.
  2. Total and permanent disability (TPD) cover - You receive a benefit if you become seriously disabled and are unlikely to ever work again.
  3. Income protection (IP) cover - You receive an income stream for a specified period if you can’t work due to temporary disability or illness.

Either the superannuation fund itself, or its own insurer, will consider the claim and provide a compensation figure. Payment of the benefit is typically as a lump sum or periodic. It is important that you seek legal advice to discuss what payments you may be entitled to.

DO YOU OFFER ‘NO WIN, NO FEE’?

Our injury law team offers ‘No Win, No Fee’ in most injury matters. We offer all our new clients a no cost and obligation free first appointment and would be happy to discuss how we can assist you further during this time.

Superannuation & total permanent disability claims

Need help with your disability benefits claim?

Robinson Gill Lawyers can provide you with specialised superannuation advice and help you through the claim process.

We can help

Our team of lawyers provide expert advice, with most holding Law Institute of Victoria Specialist Accreditation in the areas of Family Law, Personal Injury Law and/or Commercial Litigation.

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03 9890 332103 9890 3321
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