Sunshine Car Accident Solicitor - Victoria Compensation Claim Lawyer

LAWYER HELPLINE: ☎ 1800 224 077

If you or a loved one are involved in a traffic accident in Victoria, then thanks to an initiative by the government of Victoria, you may be entitled to a compensation claim to an organisation called the Transport Accident Commission (TAC) which is funded from the fees paid on the registration of vehicles in Victoria in order to provide compensation to people injured by transport accidents.

Sunshine Car Accident Solicitors specialise in personal injury law and Victorian TAC claims. For free legal advice and No Win No Fee representation, dial our helpline or complete the online contact form and a member of our legal team will be in touch as soon as possible.

TAC Claims

Should the TAC accept your claim, which it should in most cases, then you may find yourself entitled to a variety of different benefits and payments depending on your circumstances and the type and severity of injuries. Payments cover a variety of different costs related to an accident, including medical care, household services, childcare, rehabilitation and even benefits upon death.

Every case is handled on an individual basis, and the severity of your injuries and the types of treatment needed will play a part in determining what sort of benefits and payments you will be able to receive.

Accident Types

Fortunately not just road accidents involving cars are covered, although these will be the majority of claims. You can claim if you are a cyclist, a motorbike rider, a pedestrian, or even a passenger on one of these vehicles, or a tram or train. In many cases compensation from the TAC will be available to you whatever role you played in the accident.

Claims Solicitors

In many cases you may find that engaging the services of a Sunshine Car Accident Solicitor will be beneficial. Their expert knowledge of the complicated legislation and regulation surrounding compensation from the TAC will be in your benefit.

A Sunshine Car Accident Solicitor can also be beneficial in ensuring that your best interests are kept at the centre of the claim process, helping you to understand what benefits and payments you may be entitled to, and helping you to fill in claim forms. Solicitors can help you to navigate all stages of the often complicated claim process to ensure you get the maximum benefits available to you.

TAC Appeals

If you need to appeal a decision from the TAC that has gone against you, a Sunshine Car Accident Solicitor can be invaluable in advising you as to how to navigate the appeal process and on what grounds you may be able to challenge the appeal.

Compensation Benefits

Different types of compensation and payment are available, and what you will be entitled to will vary from case to case, including :-

Medical Expenses
Some of the most common expenses incurred are those surrounding treatment at a hospital or from a local doctor. The TAC can help with expenses involving travelling by ambulance (either from the scene of the accident to a hospital or between hospitals), general medical expenses while in hospital, visits to a doctor, such as a specialist doctor or your normal doctor, and nursing services such as home visits from a nurse after a discharge from hospital.

The TAC will be able to help with pharmacy items. This will be for items that have been prescribed by a doctor and provided by a pharmacist that have been deemed to be necessary as a result of the accident and its injuries. You will also be entitled for the TAC to pay for or towards costs for some rehabilitation services, whether physical services like osteopathy or psychological services, if it can be shown that they are helpful for your recovery.

If your glasses or hearing aids are damaged or broken in an accident, the TAC can pay towards their repair or replacement, and damaged teeth from an accident can also be restored as part of the TAC’s package of benefits.
Income Benefits
The TAC can also help you if through your accident you have a loss of income, either temporarily or permanently. Should you be unable to work at all after your accident, then you can claim for loss of earning capacity benefits, which help to fill the shortfall created by being unable to work.

If you are only unable to work in the short term then the TAC can pay income support benefits to help you through the current temporary period, and they can also pay for extra schemes such as rehabilitation services or disability help as part of a return to work program or similar.
Travelling Expenses
The TAC can help with the costs of travelling to and from treatment appointments, whether by public transport or private car.
Household Support Services
Help can be provided for keeping on top of cleaning and gardening for those who are struggling through injury.
Childcare
Help can be provided for childcare costs when needing childcare during hospital appointments after an accident.
Death Benefits
Depending on the financial circumstances of the family, help may be available to support for dependants, helping with funeral costs and with counselling services.

Accident Fault

If the accident was your fault, then you will be entitled to some limited benefit, such as the paying of medical expenses, loss of wages and compensation for your injuries, designed to avoid financial hardship, but you will not be entitled to the full range of benefits and payments as if the accident was not your fault. This means that even if the accident was not your fault it is well worth putting in a claim.

If the accident was not your fault, then you may, if your injuries are severe enough be entitled to something called Common law compensation. This is an extra benefit that you are only entitled to if the accident was not your fault in the first place, and also depends on the severity of your injury.

Time Limits

There are time limits to be aware of with regard to claims to the TAC. The most important limit to know is that you must make a claim within 12 months of the date of the accident. This can in special circumstances be extended to 3 years, but do not rely on this.

There are also various other limits to be aware of in your applications. Should your application be declined by the TAC, either in whole or in part, you have 12 months from the date of that decision (not the date of the accident) in which to appeal. If you wish to appeal you would be wise to do so with the help of a solicitor, even if you have not previously used a solicitor in the process, as they will be able to help you with grounds for appeal.

There are two cases in which 6 years limits are also applicable. If you suffer a permanent injury, then you have 6 years from the date of the accident in which to claim permanent impairment benefit. The same 6 year rule applies to applications for Common law compensation.

Time limits may rarely be extended but you should never presume that this is the case and always apply well in advance of the time limits.