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In Victoria, the TAC provides compensation to people who are injured due to the driving of a motor vehicle. TAC clients can claim benefits once again if they are injured in a subsequent accident.
Some people are fortunate to go their whole lives without being involved in a motor vehicle accident. Others, unfortunately, have been in, or may be in, multiple accidents.
A survey by Budget Direct found that more than 35% respondents had been involved in 2 or more road accidents in 2022. The report doesn’t specify whether these crashes resulted in injury, but it is safe to assume that at least some of the individuals surveyed would have been hurt.
Henry Carus + Associates have an unparalleled understanding of Victoria’s TAC legislation. We’ve represented countless clients in TAC matters, including one who was injured in two separate motorcycle accidents—this client has been kind enough to share his experience with our firm, so keep reading!
Whether it is your first accident or you have dealt with the TAC before, we encourage you to call us at 03 9001 1318 today for a FREE, no-obligation consultation. Our lawyers serve clients all over Victoria from offices in and around Melbourne.
What If I Am Injured in a Road Accident?
You can lodge a claim with the TAC if you have been injured in any of the following incidents:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Public Transport Accidents (Trams, Trains & Buses)
- Electric Scooter Accidents Involving Motor Vehicles
How to Lodge a Claim
Once you have received medical treatment for your injuries and have all of the details of the accident (such as where and when it happened, who was involved, the names of witnesses, police attendance, etc.), you can make a TAC claim. TAC claims can be lodged by phone or online. If you are in hospital, the hospital may be able to lodge the claim on your behalf.
When you make a claim, the TAC creates a unique identifier known as the TAC claim number. You can sign up for and manage your claim through the TAC’s online platform (myTAC) once you have been assigned a TAC claim number.
TAC Accident Benefits
The benefits you are automatically entitled to for injuries in a transport accident include:
- Coverage of medical expenses, like services, and supports
- The cost of travel to see a medical provider
- Income support benefits (a benefit that pays part of your lost earnings if you are off work for more than 5 days following the accident)
- Return to work support
Additional Compensation You May Be Due
If your injury results in permanent impairment of 11% or more, you qualify for an impairment benefit from the TAC. This benefit is paid as a one-time lump sum. You may also be entitled to additional common law compensation if you were seriously injured and someone else was at fault for the accident.
Time Limit
You have a limited time to make a TAC claim. Generally, claims must be made within just 12 months of the accident.
The TAC may consider claims lodged after the standard time limit if the claim is A) made within 3 years of the transport accident or from the date when the injury first becomes apparent, and B) there must be valid reasons for the delay in making the claim.
Determining what qualifies as reasonable grounds for a delay can be challenging. Furthermore, time limits also apply to claiming benefits. Seeking legal advice is crucial in such cases.
A lawyer with expertise in TAC claims can review your situation and provide guidance on whether the TAC might consider a claim submitted after the initial one-year deadline, as well as keep you informed about the deadlines for benefit claims to ensure you receive the entitlements you deserve.
Read More: Can I Claim TAC Benefits Anytime After an Accident?
What If I Am Injured in a Second Road Accident?
If you are an existing TAC client and you suffer injury in a second transport accident, you can lodge a new claim with the TAC. With myTAC, you can manage multiple claims using the same profile.
Once again, you will need to provide details about the accident and the injuries you’ve sustained. You are entitled to the same benefits as before, and, once again, you may be entitled to additional compensation for a serious or permanent injury. These include:
- Medical treatments and like services
- Income support
- Travel for medical care
- Return to work support
- Permanent impairment benefit
- Common law compensation
How Does the TAC Treat Injuries from the Second Accident?
It is not uncommon for a second motor vehicle accident to aggravate injuries sustained in the first crash. The TAC won’t pay for a ‘pre-existing condition’, but compensation is available for (a) the exacerbation of a pre-existing transport accident injury or (b) subsequent injuries directly related to injuries from the original road accident.
All injuries from the latest accident—whether they are new, an exacerbation of a prior transport accident injury, or subsequent to previous accident-related trauma—need to be fully documented by medical providers. This will limit the likelihood of a dispute with the TAC and help you get the full benefits and compensation you deserve for the second accident (or any others that ensue).
Henry Carus + Associates: You Deserve More
Case Study: Henry Carus + Associates Come Through for an Injured Motorcyclist—Twice!
Our dear client Mark Connor is an avid motorcyclist. Unfortunately, Mark has been seriously injured through no fault of his own in two separate motorcycle accidents. Fortunately, Mark hired Henry Carus in both instances, and he was able to obtain a favourable outcome both times!
Mark’s Story, Part 1
Mark’s first motorcycle accident occurred in 2000, at the intersection of Jacksons Road and Templewood Avenue in Noble Park, when the driver of a car failed to give way while performing a right-hand turn. With only enough time to brake momentarily, Mark struck the rear of the vehicle with his right leg. The impact caused Mark to be pulled from the motorcycle, propelling him past the back of the car. This resulted in severe injuries, including:
- Multiple broken bones
- A burst popliteal artery
- Compartment syndrome
- Dislocation of the femur from a fractured hip
- Collapsed left lung
- Burst spleen
- Bruising of the kidneys
- Injuries to the face and mouth
Understandably, Mark required hospitalisation and spent 3 long months in The Alfred. Unfortunately, he also contracted Golden Staph and E. coli infections during his hospital stay, further adding to the hardship.
The aftermath was extremely challenging for Mark, requiring 2 weeks of in-patient rehabilitation, an additional 10 months in outpatient rehab, as well as antibiotics to combat the infections. He continued to experience nerve damage causing pain through the base of his foot, reduced knee bend, and loss of dorsiflexion with only 85 degree movement. Mark also endures pain through his hip and wrist, and the inability to run has significantly impacted his daily life.
Despite these hardships, Mark’s resilience and determination continued to inspire those around him as he navigated his recovery journey. Mark contacted Henry Carus, who was able to obtain a favourable resolution of Mark’s TAC claim.
Mark’s Story, Part 2
Mark contacted our firm in 2019 after he was thrown from his motorbike as a result of unsafe road conditions. Mark was returning from a trip on the Mornington Peninsula intending to perform a U-turn at the T-intersection where Glasscock’s Road branches off to the left. Mark reached the set of traffic lights which, at the time, showed a green turning signal, leading Mark to believe it was safe to proceed.
As Mark approached the intersection, he noticed concrete barriers but lacked visibility due to darkness and poor lighting. Travelling at 80 km/h, he slowed down to prepare for the U-turn. However, he mistakenly turned into what he believed was a gap in the barrier, but it was narrower than expected. The collision threw Mark over the handlebars, resulting in a number of severe injuries:
- Fractures of the right femur, tibia, fibula, and patella
- Arterial injury hematoma
- Right lower limb thrombosis
- Extensive scarring
Mark also experienced anxiety and depression as a result of the accident and his injuries. His hospital stay lasted approximately 9 weeks and required Mark to undergo numerous radiological investigations and a large number of surgeries, complicated by a leg infection that required prolonged antibiotic treatment.
Following his stay at Alfred Hospital, Mark spent approximately seven more weeks at Epworth Facility in Hawthorn for further hospitalisation and rehabilitation, including occupational therapy, exercise physiology, and physiotherapy sessions.
Despite his best efforts, Mark still experiences significant pain, especially in his right leg, and his injuries continue to affect his employment, social life, and daily activities. Though he still suffers from chronic pain and scarring of his right leg, Mark is extremely grateful for the second TAC settlement Henry Carus + Associates were able to achieve for him.
“After two separate accidents, I enlisted the services of Henry Carus + Associates. I could not recommend them highly enough. I am forever indebted to Henry & his team for helping me move forward with my life.”
Read Mark’s Story
We Are Here for the Long Ride
At Henry Carus + Associates, we offer a unique service to individuals injured in transport accidents. Our TAC Medical + Like Services Guarantee is available to all TAC clients regardless of prior accident claims and legal representation.
That means, even if we did not represent you in your initial claim with TAC, you can still enlist our services and we will fight to get your medical care and like services covered at NO COST TO YOU.
This service is free to you for life.
Injured in a Motor Vehicle Accident? Henry Carus + Associates Can Help
Lawyers at Henry Carus + Associates have unsurpassed knowledge and expertise in TAC claims. Our goal is to maximise your benefits and obtain any additional compensation you are owed. Whether you have made a TAC accident claim before or this is the first time, we will provide you with superior legal service customised to your unique situation.
Contact Henry Carus + Associates for FREE Today.
