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Car accidents are serious events that can permanently affect your life. To obtain compensation for car accidents in Victoria, you will need to file a claim with the Transport Accident Commission (TAC). Having a qualified lawyer represent you is key for obtaining a favourable outcome.
Henry Carus + Associates have extensive experience with TAC claims. A Melbourne car accident lawyer at our firm will seek full payment of medical expenses, loss of earnings, and other benefits. We can also explore your entitlement to common law damages and skillfully navigate the TAC scheme for maximising additional compensation.
Keep reading for expert advice on how to get the most from a car accident compensation payout. If you are ready to discuss your claim, call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. Our car accident lawyers serve clients in Melbourne and all of Victoria.
How Much Compensation Do You Get from a Car Crash?
The value of a car accident claim depends on multiple factors, including the seriousness of your injuries, what medical care is required, the impact on your ability to work, and questions of fault. All victims of road accidents in Victoria are entitled to the following benefits from the TAC:
- Medical treatments, support, and like services: In the first 90 days following a transport accident, the TAC pays for all necessary medical care. This includes emergency and hospital treatment, appointments with doctors and specialists, medication, rehabilitation, basic medical aids, and more. Treatments and services after 90 days require approval before the TAC will pay for them.
- The TAC legislation is quite expansive in the support it can provide. For example, it can pay for services such as home help and gardening, medical expenses, specialist consultations, imaging, medication, personal support services etc. These benefits are ongoing as long as they are related to the accident and reasonable.
- Income support: You are eligible for income support if you had to miss more than 5 days of work following a road accident. Income support generally pays 80% of your gross weekly wages. You will need to provide the TAC with a certificate of capacity from your doctor every fortnight to continue receiving benefits.
- The benefits can be paid for up to three (3) years after the accident and up until retirement age for those assessed as having severe injuries.
- Return to work support: TAC can pay for services to help you return to work after a road accident. This can include paying for re-training courses and further education.
As part of its no-fault scheme, people who have been injured in transport accidents and are assessed at a permanent impairment greater than 10% are entitled to a lump sum payment by the TAC.
You may also qualify for common law compensation if you are seriously injured due to someone’s negligence in a car accident or other incident involving the operation of a motor vehicle. Common law damages may be substantial in a serious accident, encompassing loss of earnings past and present as well as pain and suffering.
Estimating the total compensation from a car accident is all but impossible without knowing the specifics. At Henry Carus + Associates, we offer all clients of the TAC, regardless of past representation, a FREE Medical + Like Services Guarantee. We waste no time getting your medical expenses paid and needed treatments and services approved. Our team can also assess other entitlements you may have, always seeking the maximum on your behalf.
How Do You Get the Most Money Out of a Crash?
To get the car accident compensation you deserve, you need to take steps immediately to protect your rights. By following these 10 steps, you stand the best chance of the TAC accepting your road accident claim and getting maximum compensation for your injuries:
1. Report the Accident
In Victoria, transport accidents resulting in injury must be reported to the nearest police station as soon as possible. Dial 000 or call the local emergency line to summon a police officer to the scene. Provide the officer with an accurate account of the accident, as well as any requested information.
2. Exchange Information with Others
You will need to collect the following information from any drivers involved in the accident:
- Names
- Addresses
- Contact information
- Vehicle number plates
- Year, make, and model of each vehicle
- Vehicle registration number
- The name of the owner of the vehicle (if different from the driver)
- Insurance details (TAC is the sole compulsory third party insurer in Victoria, but it is important to verify that the owner has paid the transport accident charge so indemnity is in place)
All of this information is needed for lodging an accident claim with the TAC and getting the most compensation for your injuries and damages.
3. Collect Evidence at the Scene of the Accident
Unless you are seriously injured or it is unsafe to be on the road, take the opportunity to start collecting evidence at the scene. Our lawyers recommend that you:
- Photograph the vehicles involved, the surrounding area, and any injuries.
- Interview witnesses to the crash and get their contact information.
- Look for nearby surveillance cameras, doorbell cameras, etc. that may have caught the crash. This footage may be used to determine fault for the accident.
4. Seek Medical Attention
First responders can determine whether you should be taken to hospital for your injuries. If you aren’t transported by ambulance, you should go to the emergency room or see a doctor on your own as soon as possible. You don’t want to wait until your injuries get worse, and timely medical attention ensures that your injuries are fully documented.
5. Apply for a Copy of the Accident Report
Traffic accident reports contain key details about the crash. You can apply for a copy of the report from Victoria Police on your own, or have a personal representative apply on your behalf.
We strongly recommend hiring a car accident lawyer to represent you if you have been injured in a transport accident. Contact Henry Carus + Associates today to learn how we can help.
6. Lodge a TAC Accident Claim
You have up to 1 year following a road accident to lodge a claim with the TAC. Claims may be filed online or by phone. If you have been hospitalised, staff at the hospital may also be able to make a claim on your behalf. Providing all required information upfront is the best way to get your claim approved and start having benefits paid.
- Details of the Accident:
- The date of the accident
- Location of the accident
- Description of the accident (i.e., the circumstances involved)
- Names and contact details for all parties
- Witness names and contact information
- Vehicle registration numbers and other identifying characteristics
- Police report number
- For public transportation accidents, the date you reported the accident to the operator and the incident report number
- Details of Your Injuries:
- Written account of your injuries from the hospital or a treating healthcare professional. This may include a letter from your doctor, a certificate of capacity, a medical certificate, or hospital discharge summary.
- Names and contact information for medical practitioners you’ve seen for your injuries from the accident, as well as any hospitals to which you were admitted.
- Financial Details:
- Details about your employment and income
- Whether you have, or are expected to have, more than 5 days off work
- Banking information
A car accident compensation lawyer can help you collect the required information and lodge a TAC claim on your behalf.
Read More: How to Choose a TAC Lawyer
7. Keep Detailed Records
Staying organised is essential for ensuring that the TAC pays your expenses from the transport accident. Keep all medical bills, notes from doctors, communications with your employer, etc. You should also document any physical, mental, and emotional effects from your accident-related injuries. If the road accident has severe impacts on your day-to-day life, you may be entitled to additional compensation.
8. Follow Your Doctor’s Recommendations
Adhering to the treatment plan provided by your doctors is vital not only for recovering from your injuries but demonstrating their seriousness to the TAC. Be sure to take prescribed medications, keep up with doctor’s appointments, complete recommended courses of physiotherapy, etc.
9. Don’t Talk About the Road Accident Online
Social media platforms are a wonderful tool for communication and sharing ideas, but oversharing is one of the worst things you can do in a personal injury claim. The TAC is especially likely to scrutinise the social media profiles of anyone making a common law damages claim, as these can represent substantial payouts. Any posts that seem to downplay how serious your injuries are or call into question who was at fault could come back to haunt you.
10. Seek Legal Representation
Hopefully the importance of hiring a car accident lawyer is apparent by now. The point is worth repeating, though: If you have been injured in a road accident, it is in your best interest to hire a lawyer to represent you.
Many people are concerned about the cost of hiring a lawyer. Fortunately, Henry Carus + Associates offer a No Win – No Fee agreement where clients only pay for legal services if we are successful in their claim.
Can I Claim Compensation If the Accident Was Partly My Fault?
Another major concern people have when making a road accident claim is the effect of partial fault on their entitlements. The good news is that the TAC scheme for benefits such as medical and like services, income support, return to work services, and an impairment benefit are on a no-fault basis.
Common law claims require proving the fault of a third party. However, even if you are partially at fault, you can still make a claim for common law compensation with appropriate reductions for contributory negligence. This means compensation may be recovered if the claimant is partially at fault, but damages are reduced according to the percentage of negligence.
If you have been seriously injured in a road accident but you believe you are partly to blame, this should not stop you from exploring your right to common law damages. Fault can be a complex issue in car accident claims, and you may be entitled to more than you think. A skilled lawyer can assess the evidence and ensure that you get the car accident compensation you deserve.
Car Accident? Henry Carus + Associates Can Help
At Henry Carus + Associates, we believe You Deserve More. We consider it our duty not only to pursue maximum compensation for you if you have been seriously injured in a road accident, but to provide the highest standard of legal service and hands-on attention.
From disputing the denial of needed medical care to maximising common law compensation, many clients have benefited from our expert representation in road accident claims. View our TAC Success Stories to see how we have helped others in transport accident matters, and what we may be able to do for you.
Every claim for car accident compensation is unique. An experienced TAC lawyer in Melbourne can discuss how much you may be entitled to for your injuries. Call 03 9001 1318 today for a FREE, no-obligation consultation with Henry Carus + Associates.
