Questions About Vehicle Accident Claims
What happens to the other driver when you decide to take legal action
What is the TAC?
What type of motor vehicle accidents am I entitled to claim for?
What TAC benefits are you entitled to claim for a motor vehicle accident?
What compensation does TAC cover for a motor vehicle accident?
Can I claim damages from the TAC?
What must I prove in a claim for damages?
What time limits apply in a TAC claim?
Do I need legal advice from an independent motor vehicle lawyer?
Shine Lawyers offer a no win-no charge arrangement for motor vehicle claims
Making a Vehicle Accident Claim
If you suffer an injury in a motor vehicle accident, the experience can impact considerably on the physical and emotional well being of you and your family. Unfortunately, claiming compensation and dealing with insurance companies can add further stress to this experience. That’s why Shine Lawyers want to make claiming compensation for a road injury as easy as possible.
Shine Lawyers have an experienced department in motor vehicle accident claims who understand the stress, pain and tragedy involved in a motor vehicle accident. Our motor vehicle lawyers will help guide you through the complicated injury assessment to give you the best chance of securing the maximum possible benefits.
Our areas of motor vehicle specialisation include:
- motor vehicle accidents
- motorcycle accidents
- cycle injuries
- single car accidents
- car accidents
- pedestrian accidents
- truck and trailer accidents
- multiple car accidents
A motor vehicle compensation expert from Shine Lawyers will be able to provide legal support and advice on your road injury and which motor vehicle accident scheme applies to you, plus your eligibility for a motor vehicle accident claim and the benefits available.
Time limits apply so if you've been injured in a motor vehicle accident seek legal advice as soon as practical. Contact Shine Lawyers on 13 11 99 and enquire about a motor vehicle accident claim.
What happens to the other driver when you decide to take legal action
When you seek legal assistance to make a claim for financial loss and/or treatment regarding a car accident claim, in most cases it is the insurance company of the person or business that will compensate you as per their policy.
In the event of a car accident, the person who is at fault will have their car insurance company pay the compensation amount on their behalf.
Vehicle Accident Claim Information
What is the TAC?
The Transport Accident Commission (TAC) is the third party insurer in Victoria. A body established by the Victorian Government to provide compensation for people who suffer an injury or fatality as a result of a motor vehicle accident, including motor vehicles, motorcycles, trains, trams, buses and in some cases bicycles.
The TAC is a "no-fault" scheme. This means that medical benefits will be paid to an injured person regardless of who caused the accident. This ensures the TAC is able to meet the needs of seriously injured people who need lifetime care.
What types of motor vehicle accidents am I entitled to make a claim for?
TAC insurance covers a number of accident types, including:
- motor vehicle accidents: where a driver or passenger is injured where the other vehicle is at the fault
- motorcycle accidents: a motorcyclist hit by a vehicle
- single car accidents: including accidents caused by a defect in a vehicle or another factor out of your control
- pedestrian accidents: a pedestrian is hit by a vehicle
- truck and trailer accidents
- multiple car accidents
- cycle accidents: a cyclist hit by a vehicle or the open door of a vehicle
What TAC benefits are you entitled to claim for a motor vehicle accident?
If you suffer an injury as a result of a motor vehicle accident you may be entitled to a range of compensation benefits through a TAC insurance claim. TAC insurance pays compensation to people who have suffered an injury or fatality in a motor vehicle accident where negligence can be established.
In Victoria, a TAC of insurance is included in the registration costs of a motor vehicle to compensate personal injury caused by, through or in connection with the motor vehicle. Therefore, the CTP insurer responds to the claim, which covers personal injury and related losses such as loss of earnings and medical expenses, including;
- medical and hospital expenses
- rehabilitation expenses
- nursing and disability services
- attendant care
- post acute support services
- loss of earnings
- expenses arising from a death, and
- lump sum payments
Other compensation may cover related travel expenses, pharmacy expenses incurred and family counselling where the accident caused death or severe injury.
What compensation does TAC cover for a motor vehicle accident?
The total amount available in a TAC common law claim is $1,419,240.00. If your motor vehicle accident occurred before 16 December 2004, the total amount available for a TAC lump sum impairment benefit is $83,410.00. For motor vehicle accidents, which occurred on or after this date, the total TAC lump sum impairment benefit available is $281,090.00.
For more information regarding TAC benefits and how a Shine TAC lawyer can help you, call Shine Lawyers on 13 11 99.
Can I claim damages from the TAC?
A claim for damages (also called a Common Law claim) is usually the only way that substantial compensation can be obtained for the full effects of your injury. In a claim for damages, you are entitled to claim for your immediate and future pain and suffering. You may also be entitled to claim for the income loss you have and will sustain because of your injury. Claiming economic loss damages is only permitted in some cases.
What must I prove in a claim for damages?
If you are injured in a motor vehicle accident, the claim will be made under the TAC legislation. Under the TAC, there are three elements that you must establish to obtain common law damages:
- You are suffering from a "serious injury"
- Some other person was negligent
- You have suffered loss and damage as a result.
If you wish to understand more about the definition of a serious injury, contact Shine Lawyers. Our motor vehicle accident lawyers are experts in establishing that claimants have suffered a serious injury.
It is very important to engage a motor vehicle expert shortly after your accident. Early investigation and information gathering is critical to the success of your claim. For example motor vehicle lawyers may need to collect evidence from the crash site, interview witnesses, or organise your vehicle to be assessed. The quality of the evidence may affect the compensation amount. Your highest priority should be to maximize the extent of your physical and psychological recovery.
What time limits apply in a TAC claim?
Time limits apply to lodge a TAC claim. Under Victorian legislation, a motor vehicle claim must be commenced within 1 year from when you first became aware of your injury after the motor vehicle accident. If the claimant consults a lawyer – the claim must be brought within 6 years of the accident.
It is possible for a claim to be brought outside the prescribed time limits. However, it is important that you obtain legal advice from a motor vehicle accident specialist to safeguard your interests in relation to the common law damages time limit.
Do I need legal advice from an independent motor vehicle lawyer?
It is important to seek independent advice from a motor vehicle expert to ensure you get the full compensation you deserve. Sometimes dealing with insurance companies and state authorities in regards to motor vehicle claims can be stressful and complicated. Remember, it is not the insurer’s (handling your motor vehicle claim) responsibility to provide independent advice. If you have a matter going to either mediation or court we would strongly recommend you have legal representation to protect your interests.
Our motor vehicle experts provide straight-forward legal advice and have extensive experience in preparing and successfully pursuing a claim for road injury compensation. In addition, your road injury claim will be processed by our motor vehicle experts with your most pressing needs in mind, such as getting your car repair costs recovered or your insurance claim processed more quickly.
This is because, Shine Lawyers’ focus on personal injury compensation as the core business, which has enabled superior efficiency and consistent performance.
Shine Lawyers offer a no win-no fee arrangement for motor vehicle claims
Shine Lawyers also offer an obligation free initial consultation with one of our expert motor vehicle lawyers. Therefore, we can offer private legal advice to help us make an accurate and individual assertion of your motor vehicle claim. If you decide to proceed, and we believe you have a viable motor vehicle claim, we will act on a 'no win - no charge' basis, including out-of-pocket expenses. This means you do not pay for professional fees unless your case against the TAC is successful. This scheme is available for TAC claims.
At Shine Lawyers, we have extensive experience in preparing and successfully pursuing a motor accident claim. Shine Lawyers motor vehicle lawyers work exclusively in this area of personal injury litigation, giving us the experience, strategy and focus to make sure that your claim is processed efficiently.
This personalised approach is how Shine Lawyers try to reduce the stress that a motor vehicle injury can cause in the lives of innocent people and their families. To ensure that you get the best result for your motor vehicle claim benefits speak with one of our experienced motor vehicle lawyers.
For obligation free assistance in making a motor vehicle claim, contact Shine Lawyers on 13 11 99.
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