Frequently asked questions about motor vehicle accident TAC claims in Victoria, Australia.
Being involved in a motor vehicle accident can be one of the most challenging and distressing experiences a person can face. The emotional, physical, and financial toll can be overwhelming. Navigating the Transport Accident Commission (TAC) claims process may feel daunting, but our legal partners understand these struggles and are available to support you every step of the way.
Let’s take a look at some of the commonly asked questions when starting or looking to start a legal claims process with the TAC:
Who is eligible for a TAC claim?
Anyone injured or tragically killed in a motor vehicle incident in Victoria, including drivers, passengers, pedestrians, and cyclists, can lodge a claim with the TAC. This also applies to incidents that happen interstate, as long as the person affected is a Victorian resident or was in a Victorian-registered vehicle.
Understanding your eligibility for TAC claims is important, as it forms the basis for the support and compensation you or your loved ones may receive.
What does the TAC cover in the event of a death?
If you’ve lost a loved one in a motor vehicle incident, the TAC provides a range of benefits to support families, partners, child dependents, and guardians. If you were financially dependent on the deceased, you may be eligible for a broader range of TAC death benefits. Typically, these benefits are first paid to the partner of the deceased, whether they were married or in a de facto relationship. If the deceased was the sole surviving parent, benefits may also be paid directly to their children.
TAC death benefits can assist with funeral expenses, counselling for all families, and ongoing financial support for dependents. You may qualify for these benefits if you relied on your spouse, partner, or parent for financial support and they lost their life in a motor vehicle incident.
What does the TAC cover when someone is seriously injured?
The TAC legislation offers a variety of benefits on a no-fault basis. This means that your eligibility for support is not affected by who was responsible for the incident. Some of the key benefits include:
- Medical and related benefits for life
- Income support for up to three years or longer if you have severe injuries
- Impairment benefit – a lump sum payment if you suffer a significant, permanent injury
In addition to these, there are other benefits under the legislation that experienced TAC lawyers can help you explore and claim as needed.
If you are seriously injured and someone else was at fault, you may also be entitled to significant common law damages compensation. There are processes that must be followed to move forward with this type of claim, though, and it is essential to obtain legal advice in this space.
How do I lodge a TAC claim?
It’s crucial to contact the TAC as soon as possible after the motor vehicle incident. You will need to provide important details, such as the incident date and location, along with any police reports and an initial medical report from a hospital or other treating practitioner.
A qualified personal injury lawyer with experience working with the TAC can guide you through the process, ensuring all necessary documentation is submitted correctly and promptly. Knowing how to effectively lodge your TAC claim can make a significant difference in the outcome.
Do I require legal representation to lodge a TAC claim?
In Victoria, you do not require legal representation to lodge a TAC claim. You can report the incident to the police, obtain a TAC medical certificate from your doctor, and then contact the TAC directly to make your claim.
However, seeking legal advice can be beneficial, especially if your claim is complex or if you need assistance navigating the process.
Suitably qualified lawyers recognise that the passing of a loved one or serious injuries may profoundly affect those involved, and seeking common law compensation is a one-time opportunity. It’s crucial to approach this step with care, making every effort to ensure the injured person receives the maximum compensation available. Some law firms, including Henry Carus + Associates, also offer a No Win, No Fee service, ensuring you have expert support without financial risk.
It is important to note as well that, though you do not require a lawyer to lodge a claim, the TAC will not settle a common law damages claim unless the person has legal representation.
How long does the claim process take?
The duration of a TAC claim can vary depending on the complexity of the case. Personal injury lawyers can keep you informed throughout the process and work diligently to achieve a timely resolution. Understanding the potential timeline can alleviate some of the stress that comes with filing a claim.
Steps to collect information for your claim
- Ensure safety: Check for injuries and call emergency services (000) if anyone is hurt.
- Report the incident: If you are in any motor vehicle incident where an injury has occurred, report the incident to the police as soon as you can – no matter how minor the injury appears to be at first.
- Make a claim: Some people are unsure as to whether they should make a claim after experiencing a TAC incident. We strongly recommend that a claim be submitted as soon as possible, regardless of the extent of your injury.
- Give a concise description of the incident: it’s best to provide a simple, concise, and accurate statement of the incident to avoid confusion or inconsistent records over time.
- Leave open the description of injuries: it’s important to note that injuries may develop over time, so it’s helpful to include a statement acknowledging the possibility of future injuries, as the law allows for ongoing support beyond what is initially listed.
- Accurately detail your medical history: it’s crucial to provide accurate and detailed information about your past medical history, as the TAC will review your medical records to distinguish between injuries related to the incident and any pre-existing conditions.
- Engage a specialist TAC personal injury lawyer: A specialist TAC personal injury lawyer can guide you through the no-fault benefits of the TAC scheme, help secure common law compensation for serious injuries caused by someone else, and offer their services with no upfront costs, ensuring you receive the compensation you deserve for the rest of your life.
For more detailed information, you can visit the Henry Carus + Associates website and download their free guide to TAC claims: https://www.hcalawyers.com.au/tacaccidentguide/
How do No Win, No Fee lawyers work?
No Win, No Fee arrangements are here to ensure that financial concerns don’t stand in the way of justice. If you’ve lost a loved one in a car incident or been seriously injured, the last thing you need is the added burden of legal costs.
A No Win, No Fee agreement allows you to access skilled legal representation without having to pay upfront or worry about legal fees if the case is unsuccessful. It’s about providing everyone, regardless of their financial situation, with the opportunity to seek the compensation they deserve.
We would like to thank Henry Carus + Associates for providing valuable insights into the TAC claims process. Their team of specialised TAC lawyers are experienced in motor vehicle accident claims and committed to securing the best possible outcome for their clients and providing personalised attention, free consultations, and a comprehensive approach.
You can find their contact details on our legal resources page here, or you can visit their website directly here.
Author: Tracy Pritchard, Communications and Marketing Manager Henry Carus + Associates
